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McCORMACK v. KIRTLEY

No. 12661.

115 Ariz. 25 (1977)

563 P.2d 280

Carliflo McCORMACK, dba Citadel Realty, Appellant, v. Tressie Lee KIRTLEY, Appellee.

Supreme Court of Arizona, In Division.

March 29, 1977.

Attorney(s) appearing for the Case

Steven M. Friedman, Phoenix, for appellant.

Hill & Savoy by Cheryl K. Hendrix, Phoenix, for appellee.

CAMERON, Chief Justice.

This is an appeal by Carliflo McCormack from a judgment by the court sitting without a jury holding her and another, Bobbie Chargois, jointly and severally liable in the amount of $8,257.69, plus $1,000 in additional compensatory damages. Bobbie Chargois did not appeal.

We must consider the following issues on appeal:

1. Did the defendant McCormack have a contractual or legal obligation to retain the sums paid into the Citadel...

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