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DEL RIO LAND, INC. v. HAUMONT

No. 1 CA-CIV 3249.

118 Ariz. 1 (1977)

574 P.2d 469

DEL RIO LAND, INC., James B. Carr and Jane Doe Carr, his wife, Appellants, v. Pierre H. HAUMONT, Jr. and Vernece Haumont, his wife, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 13, 1977.

Review Denied January 17, 1978.

Attorney(s) appearing for the Case

Marvin Johnson, P.C. by Philip C. Gerard, Phoenix, for appellants.

Cox & Cox by Alfred S. Cox and L.J. Cox, Jr., Phoenix, for appellees.

OPINION

HAIRE, Judge.

The principal issues raised on this appeal relate to the applicability of the Statute of Frauds to a sale of real property by an auctioneer. In the event the Statute of Frauds is found inapplicable, the appellants (Owners) also raise an additional issue concerning the effect of the "subject to the mortgage" language under which the property was advertised and sold.

The appellees (Buyers...

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