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SUNNYSLOPE BUILDERS SUPPLY, INC. v. MODESSITT

No. 8034.

103 Ariz. 305 (1968)

441 P.2d 65

SUNNYSLOPE BUILDERS SUPPLY, INC., an Arizona Corporation, Appellant, v. Ernest A. MODESSITT et ux., et al., Appellees.

Supreme Court of Arizona. In Banc.

May 15, 1968.

Attorney(s) appearing for the Case

Richmond, Ajamie & Fay, by Richard E. Fay, Phoenix, for appellant.

David Dietz, Phoenix, for appellees.

McFARLAND, Chief Justice:

Plaintiff-appellant Sunnyslope Builders Supply, Inc., a corporation (hereinafter referred to as plaintiff), brought an action in Superior Court against Ernest A. Modessitt and wife, and Forest D. Daily, Jr., (hereinafter referred to as Forest) and wife, to foreclose two mechanics' liens totalling $1,144, against property of defendants. The case was tried without a jury. At the close of plaintiff's case, defendants moved to dismiss, under...

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