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SULT v. BOLENBACH

No. 6268.

84 Ariz. 351 (1958)

327 P.2d 1023

F. Preston SULT, Special Administrator of the Estate of James A. Burrell, deceased, and Ruth M. Burrell, Appellants, v. Adolf BOLENBACH and Ena Bolenbach, husband and wife, Appellees.

Supreme Court of Arizona.

July 16, 1958.

Attorney(s) appearing for the Case

Ellis & Sult, Eloy, Kramer, Roche & Perry, Phoenix, Pence, Johnson, Downing & Trella, Covina, Cal., Norvald T. Ulvestad, Los Angeles, Cal., of counsel, for appellants.

Reed, Wood & Platt, Coolidge, Nat Rosin and Joseph Ostrow, Los Angeles, Cal., of counsel, for appellees.

STRUCKMEYER, Justice.

This action was brought by Ruth M. Burrell and by F. Preston Sult, Special Administrator of the Estate of James A. Burrell, deceased, as plaintiffs against Adolf Bolenbach and Ena Bolenbach, his wife, to recover upon a promissory note in the sum of $37,500 and to foreclose a realty mortgage securing its payment. Defendants answered, asserting fraud in the procurement of the note and mortgage, and counterclaimed for damages suffered. Trial resulted...

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