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JACKSON v. ROBERTSON

No. 6750.

90 Ariz. 405 (1962)

368 P.2d 645

D.H. JACKSON, Appellant, v. P.R. ROBERTSON, R.O. Nierstheimer, J.W. Walker, and J.E. Meacham, Appellees, and Octave Gold Mining Corporation, a corporation, Appellee/Cross-Appellant.

Supreme Court of Arizona. En Banc.

Rehearing Denied March 20, 1962.

Attorney(s) appearing for the Case

Moore & Moore, Phoenix, for appellant.

Gust, Rosenfeld, Divelbess & Robinette, Phoenix, for appellees Robertson Nierstheimer, Walker, and Meacham.

Favor & Quail, Prescott, for appellee/cross-appellant Octave Gold Mining Corp.

UDALL, Vice Chief Justice.

The principal question presented by this appeal is whether a provision in a contract between joint venturers calling for the issuance of corporate stock not then registered in accordance with the Arizona Securities Act renders the contract illegal and therefore unenforceable.

Plaintiff D.H. Jackson, his wife and his attorney were the incorporators and directors of Octave Gold Mining Corporation when it was lawfully incorporated in...

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