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ELM RETIREMENT CENTER, LP v. CALLAWAY

Nos. 1 CA-CV 09-0631, 1 CA-CV 09-0696.

246 P.3d 938 (2010)

ELM RETIREMENT CENTER, LP, an Arizona limited partnership, Plaintiff/Appellant, v. Joann CALLAWAY and Joseph Callaway, wife and husband; Rocco and Ersilia Sablone, husband and wife, Defendants/Appellees.

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

November 2, 2010.

Attorney(s) appearing for the Case

Mann Law Firm, P.C. By Robert N. Mann , Emily H. Mann , Scottsdale, Attorneys for Appellant.

Thomas, Thomas & Markson P.C. By Neal B. Thomas , Phoenix, Attorneys for Callaway Appellees.

Dessaules Law Group By Jonathan A. Dessaules , Phoenix, Attorneys for Sablone Appellees.

OPINION

JOHNSEN, Judge.

¶ 1 A homebuyer appeals the dismissal of its claim for breach of contract based on a provision that imposes on the buyer the obligation to verify any representation about square footage if it considers the size of the property to be material. We affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 The buyer is Elm Retirement Center, LP, which contracted to buy a Scottsdale home in July in July 2005. Elm alleges that...

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