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VIVIAN ARNOLD REALTY CO. v. McCORMICK

No. 2 CA-CIV 1226.

19 Ariz. App. 289 (1973)

506 P.2d 1074

VIVIAN ARNOLD REALTY CO., Vivian Arnold, Individually, and Western Surety Company, Inc., Appellants, v. Jack A. McCORMICK and Barbara A. McCormick, husband and wife, and Homer H. Osborne and Dorothy Osborne, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

March 6, 1973.

Attorney(s) appearing for the Case

DeConcini, McDonald & Brammer, P.C., by John R. McDonald and J. Wm. Brammer, Jr., Tucson, for appellants.

Vincent E. Odgers, Tucson, for appellees Osborne.

Kali & Allen, P.C., by David I. Kali and Carl B. Pratt, Tucson, for appellees McCormick.

HOWARD, Judge.

Subsequent to the trial court's denial of a motion for a new trial, defendants-appellants Vivian Arnold, individually, and Vivian Arnold Realty Company appealed. The trial court, sitting without a jury, made a ruling declaring a deposit and receipt agreement to be void and that the $500 earnest money deposit be returned to the purchasers, plaintiffs-appellees McCormick. The trial court also entered judgment in favor of (1) the sellers, defendants-appellees...

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