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NYBERG v. SALT RIVER PROJECT AGRICULTURAL I. & P. DIST.

No. 6726.

91 Ariz. 397 (1962)

372 P.2d 727

Harold J. NYBERG and Rose M. Nyberg, husband and wife, Appellants, v. The SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT; W.W. Pickrell; R.M. Belcher; Does I through X, inclusive; John W. Eichelberger, Sr., and Charles M. Morgan, d/b/a E and E Sales Company, a co-partnership; and John Doe Company, a corporation, Appellees.

Supreme Court of Arizona, In Division.

June 27, 1962.

Attorney(s) appearing for the Case

A. Alexander Katz, Robert G. Mooreman, Phoenix, for appellants.

Jennings, Strouss, Salmon & Trask, Nicholas Udall, Phoenix, for appellees.

WINDES, Justice (Retired).

Harold J. Nyberg, hereinafter designated plaintiff, brought suit against the Salt River Project Agricultural Improvement and Power District, W.W. Pickrell and R.M. Belcher. Plaintiff deposited with the district a certified check for $10,000 for the purpose of securing an option to purchase certain personal property of the district. The option was allowed to lapse and plaintiff seeks to recover his deposit. Defendants' motion for summary...

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