APOLITO v. JOHNSON

1 CA-CIV 288.

3 Ariz. App. 358 (1966)

414 P.2d 442

John L. APOLITO and Alice M. Apolito, husband and wife, and Howard E. Drensek and Dolores A. Drensek, husband and wife, Appellants, v. Florence JOHNSON and Lee Johnson, wife and husband, Appellees.

Court of Appeals of Arizona.

Review Denied July 5, 1966.


Attorney(s) appearing for the Case

Stockton & Hing, by A. Henderson Stockton, Phoenix, for appellants.

Moore & Moore, by Robert C. Moore, Phoenix, for appellees.


HATHAWAY, Judge.

Appellants have moved this court for a rehearing of our affirmance of the trial court's judgment entered in favor of appellees after granting the latter's motion for a directed verdict. They urge us to reconsider our holding that the case was properly withdrawn from the jury's consideration claiming the appellants' evidence, if believed by the jury, would justify equitable relief by way of rescission or reformation.

Appellants contend that...

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