GARDENHIRE v. PHOENIX TITLE AND TRUST CO.

No. 2 CA-CIV 772.

11 Ariz. App. 557 (1970)

466 P.2d 776

William J. GARDENHIRE, Appellant, v. PHOENIX TITLE AND TRUST CO., a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

March 24, 1970.


Attorney(s) appearing for the Case

Riley & Slaughter, Bisbee, for appellant.

Gentry, McNulty & Borowiec, by James F. McNulty, Jr., Bisbee, for appellee.


KRUCKER, Judge.

This is an action for breach of contract wherein appellant, plaintiff below, alleged failure to comply with certain escrow instructions given to appellee, defendant below. The case was tried to the court without a jury and resulted in a judgment in favor of the defendant. The only question raised on appeal is whether appellee violated its duty to appellant by the payment of the proceeds of the sale in the amount of $9,749.31 to appellant's former wife...

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