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R & M OXFORD CONST., INC. v. SMITH

No. 1 CA-CV 91-0049.

172 Ariz. 241 (1992)

836 P.2d 454

R & M OXFORD CONSTRUCTION, INC., an Arizona corporation, Plaintiff-Appellee, v. Irvin W. SMITH and Olive L. Smith, husband and wife, Defendants-Appellants.

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

July 21, 1992.

Attorney(s) appearing for the Case

Sears & Goodman, P.C. by John M. Sears, Russell S. Duerksen, Prescott, for plaintiff-appellee.

William Lee Eaton, Prescott, for defendants-appellants.

OPINION

TOCI, Judge.

This matter involves an action to foreclose a mechanic's lien. The plaintiff contractor, R & M Oxford Construction, Inc. ("Oxford") filed a notice and claim of lien, based upon a contract for the construction of masonry footings and concrete slabs for Irwin and Olive Smith's home. When filing of the lien failed to generate payment, Oxford filed a complaint for breach of contract and lien...

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