ANDERSON v. PREFERRED STOCK FOOD MARKETS

No. 1 CA-CV 91-032.

175 Ariz. 208 (1993)

854 P.2d 1194

Arthur E. ANDERSON, Co-Personal Representative of the Estate of Cornelius John Tempas, Plaintiff-Appellant, v. PREFERRED STOCK FOOD MARKETS, INC., an Iowa corporation; Gerald L. Pearson and Richard O. Wikert, Defendants-Appellees.

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

Reconsideration Denied July 2, 1993.


Attorney(s) appearing for the Case

Newman, Ahern, Chambliss & Banen by Lisa Perry Banen, Phoenix, for plaintiff-appellant.

Lieurance, Wright & Ray, P.C. by Kevin D. Ray, Joseph Maisto, Phoenix, for defendants-appellees.


OPINION

TOCI, Presiding Judge.

Plaintiff appeals from the trial court's order granting defendants a new trial after an earlier ruling by another trial judge excluding defendants' parol evidence and granting summary judgment for the plaintiff. The main issue is whether parol evidence is admissible to show that a written personal guaranty signed by defendants was not fully integrated and to prove the existence of an oral condition precedent to the performance...

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