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JENNINGS v. LEE

No. 9658.

105 Ariz. 167 (1969)

461 P.2d 161

Clairbel L. JENNINGS, a widow, Appellant, v. Bill LEE and Herlinda Lee, husband and wife; Carl O. Mosier, dba Mosier Realty; Elliott Holding Company, an Arizona corporation; Jack Kelman and Alice Kelman, husband and wife; and Abe Kelman and Libbie Kelman, husband and wife, Appellees.

Supreme Court of Arizona. In Banc.

Rehearing Denied December 16, 1969.

Attorney(s) appearing for the Case

Carl Tenney, Phoenix, for appellant.

Lester J. Hayt, Phoenix, for appellees Lee.

Rawlins, Ellis, Burrus & Kiewit, by Norman D. Hall, Jr., Phoenix, for appellee Mosier.

Burton & Weeks, by Mark Leibsohn and Phillip Weeks, Phoenix, for appellees Elliott Holding Co. and the Kelmans.

LOCKWOOD, Vice Chief Justice.

Plaintiff, Clairbel Jennings, a widow, brought suit to rescind, on the grounds of fraud, a real estate transaction in which she traded approximately thirty-seven acres located at 24th and Southern Streets in Phoenix, Arizona, for the Glen Canyon Steak House located in Page, Arizona. Defendants were Bill Lee, the lessee of the restaurant, Elliott Holding Company, the owner of the restaurant, Jack Kelman, the president of Elliott Holding...

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