MUR-RAY MANAGEMENT v. FOUNDERS TITLE

No. 1 CA-CV 89-281.

169 Ariz. 417 (1991)

819 P.2d 1003

MUR-RAY MANAGEMENT CORPORATION, an Arizona corporation; CSL Arizona, Inc., an Arizona corporation, successor in interest to N.G. Lingford Enterprises, Ltd., a Canadian corporation; Robert G. Smith, a Canadian resident; Dr. Peter A. Roxburgh, a Canadian resident; John J. Newman, a Canadian resident; Derek S. Jones, a Canadian resident; H.W. Kujat, a Canadian resident; and Concrest Corporation, Inc., a Nevada corporation, Plaintiffs-Appellants, v. FOUNDERS TITLE COMPANY an Arizona corporation, successor in interest to Title Insurance Company of Minnesota; Title Insurance Company of Minnesota, a Minnesota corporation; Travelers Indemnity Company, a Connecticut corporation; Troy D. Jones and Lona F. Jones, husband and wife; L. Dwain Hoover and Beva J. Hoover, husband and wife; and Canterbury Investment Corporation, Inc., an Arizona corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied December 3, 1991.


Attorney(s) appearing for the Case

Storey & Ross, P.C. by Dennis I. Wilenchik, Charles A. Grube and Bradley D. Patterson, Phoenix, for defendants-appellees Founder's Title Co., Title Ins. Co. of Minnesota and Travelers Indem. Co.

Teilborg, Sanders & Parks, P.C. by James M. Marlar, Phoenix, for defendants-appellees Troy D. Jones, Lorna F. Jones, L. Dwain Hoover and Beva J. Hoover.

Ryley, Carlock & Applewhite by N. Warner Lee and David E. Shein, Phoenix, for plaintiffs-appellants.


OPINION

LANKFORD, Judge.

Plaintiffs have appealed from a summary judgment entered by the superior court in favor of all defendants in this action, in which plaintiffs both sought a declaration of their right to a promissory note and also requested damages.

Plaintiffs have presented two central issues for review:

1) Did the trial court err in granting summary judgment in favor of defendants Jones...

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