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PASSEY v. GREAT WESTERN ASSOCIATES II

No. 1 CA-CV 91-113.

174 Ariz. 420 (1993)

850 P.2d 133

James M. PASSEY, Jr., as general partner of Flat Iron View, Partnership, Plaintiff, Counter-Defendant, Appellee, v. GREAT WESTERN ASSOCIATES II, a general partnership, Gregory Melikian and Robert Melikian, general partners, Defendants, Counter-Claimants, Appellants.

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

March 2, 1993.

Attorney(s) appearing for the Case

Killian, Nicholas, Fischer, Wirken, Cook & Pew by Charles W. Wirken, Mesa, for appellee.

Shimmel, Hill, Bishop & Gruender, P.C. by Richard B. Kelly, Steven Gregory Jones, Phoenix, for appellants.

OPINION

TOCI, Judge.

Defendants, Great Western Associates and its partners ("Great Western"), are the purchasers of a note and beneficial interest in a deed of trust. They appeal from the trial court's judgment for the trustor, James Passey, against Great Western, enforcing an unsigned deed of trust addendum with an acreage release provision. This dispute over the addendum is rooted in an earlier real estate sales agreement between Passey and Great Western...

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