UNITED BANK OF ARIZONA v. WINE

Nos. 1 CA-CIV 1885, 1 CA-CIV 1852.

18 Ariz. App. 23 (1972)

499 P.2d 754

UNITED BANK OF ARIZONA, a state banking association, Appellant, v. Terrance L. WINE, Appellee. William B. MALOUF and Victoria Virginia Malouf, his wife, et al., Appellants, v. Terrance L. WINE, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied September 28, 1972.

Review Denied November 28, 1972.


Attorney(s) appearing for the Case

Murphy, Posner & Franks, by John R. Franks, Phoenix, for appellants Malouf and Hall.

Carson, Messinger, Elliott Laughlin & Ragan by Robert W. Holland, Phoenix, for appellant United Bank of Ariz.

Cunningham, Goodson, Tiffany & Weltsch, Ltd., by James P. Cunningham, Phoenix, for appellee.


HATHAWAY, Judge.

These appeals arise out of a lawsuit instituted by appellee to recover sums allegedly due under a contract of sale between him as seller and the bank's predecessor in interest in its capacity as trustee. The various individual defendants were trust beneficiaries and subsequent to execution of the subject contract, the bank was replaced as co-trustee by defendants Gary Malouf and Gerard L. Hall.

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