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C & T LAND & DEVELOPMENT COMPANY v. BUSHNELL

No. 9881.

106 Ariz. 21 (1970)

470 P.2d 102

C & T LAND & DEVELOPMENT COMPANY, an Arizona corporation, Appellant, v. George BUSHNELL, Receiver, Union Title Company, an Arizona corporation, Paul L. Herrera and Edna Carter Herrera, his wife, James E. Carter, Jr., husband of Connie E. Carter, dealing with his sole and separate property, James R. Carter, Sr., James R. Carter, Jr., as Trustee under Testamentary Trust of Ida R. Carter, Deceased, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied July 7, 1970.

Attorney(s) appearing for the Case

Langerman, Begam & Lewis, by Frank Lewis, Phoenix, for appellant.

Jones, Brinig & Cooley, by Anthony O. Jones, Phoenix, and Earl P. Platt, St. Johns, for appellees.

UDALL, Justice.

This appeal involves a dispute over the terms of a Trust Agreement wherein defendants (Paul and Edna Herrera, James Carter, Sr. and James Carter, Jr.) as First Beneficiaries, agreed to sell the property which was the subject of the Trust to plaintiff, C & T Land and Development Co., the Second Beneficiary. Plaintiff failed to make one of the annual payments and defendants caused a notice of default to be issued. Plaintiff then commenced this action...

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