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MORTENSEN v. BERZELL INVESTMENT COMPANY

No. 8405.

102 Ariz. 348 (1967)

429 P.2d 945

James A. MORTENSEN, Jr., and Florence N. Mortensen, his wife, Appellants, v. BERZELL INVESTMENT COMPANY, a partnership, Morris L. Kolodny and Ann P. Kolodny, his wife, and Sol Kotz and Luba Kotz, his wife, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied November 14, 1967.

Attorney(s) appearing for the Case

Christy, Kleinman, Peterson, Hoyt & Fuller, Phoenix, for appellants, by John Dickinson, Phoenix.

Kramer, Roche, Burch & Streich, Phoenix, for appellees.

WILLIAM A. HOLOHAN, Superior Court Judge.

The Appellees, purchasers under a real property sales contract, filed action against the vendors, Appellants, to have the contract rescinded. The Superior Court of Maricopa County heard the case, decided the issues in favor of the purchasers, ordered the contract rescinded, and granted judgment to the purchasers for the amount of their payments to the vendors under the contract....

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