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GUTMACHER v. H & J CONSTRUCTION COMPANY

No. 8052.

101 Ariz. 346 (1966)

419 P.2d 525

C.H. GUTMACHER, G & W Investment Company, a copartnership, Appellants, v. H & J CONSTRUCTION COMPANY, Incorporated, a corporation, Appellee.

Supreme Court of Arizona. In Division.

October 26, 1966.

Attorney(s) appearing for the Case

Elsing & Crable, Phoenix, for appellants.

Shimmel, Hill, Kleindienst & Bishop, Phoenix, for appellee.

UDALL, Justice

H & J Construction Company, Inc. (hereinafter referred to as plaintiff) brought this action for breach of contract against G & W Investment Company and C.H. Gutmacher (hereinafter referred to as defendants) and Richard Peil and Leon Normand. Prior to the trial plaintiff was adjudicated a bankrupt, whereupon the trustee in bankruptcy, Walter F. Fulford, was substituted as party plaintiff. On defendants' application leave was granted to bring...

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