No. 2 CA-CV 96-0140.

188 Ariz. 483 (1996)

937 P.2d 673

Carolyn A. ROSCOE-GILL, a married woman in her sole and separate right, Plaintiff/Appellant, v. Charles R. NEWMAN and Bonnie L. Newman, husband and wife; T-Link Ranches, Inc., a Nevada corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied June 5, 1997.

Attorney(s) appearing for the Case

Aboud & Aboud, P.C. by Michael J. Aboud, Tucson, for Plaintiff/Appellant.

Cochran & Dahl, P.C. by Jerry L. Cochran, Phoenix, for Defendants/Appellees.


PELANDER, Presiding Judge.

The key issue in this case is whether a seller in a real estate sales transaction is bound by and limited to a liquidated damage provision in the parties' contract or instead may avoid the provision and recover from the buyer a greater amount of damages allegedly caused by the latter's breach. After granting summary judgment for the buyer on that issue, the trial court entered a stipulated judgment for the seller, plaintiff...

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