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KRAUS v. SCHLAPIK

No. 2 CA-CIV 2563.

117 Ariz. 439 (1977)

573 P.2d 513

Walter J. KRAUS and Rose M. Kraus, husband and wife, Appellants, v. Miles SCHLAPIK and Pat Schlapik, husband and wife, Title Security Agency of Arizona, and Roy H. Long Realty Company, Inc., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1977.

Review Denied January 10, 1978.

Attorney(s) appearing for the Case

Liebsohn, Eaton, Gooding & Romley, P.C. by Joe M. Romley, Phoenix, for appellants.

S. Leonard Scheff, Tucson, for appellees Schlapik.

Lesher, Kimble & Rucker, P.C. by Robert O. Lesher and Joe G. Chaney, Tucson, for appellee Roy H. Long Realty Co., Inc.

Michael J. Monroe, Tucson, for appellee Title Security Agency of Arizona.

OPINION

RICHMOND, Judge.

Walter J. Kraus and Rose M. Kraus, husband and wife, appeal from a judgment against them, based on a finding by the trial court that they refused without lawful cause to perform their contract for the purchase of a residence in Tucson.

As part of the contract, the Krauses were to assume a mortgage. The deposit receipt and agreement expressly provided:

"Sale shall be contingent...

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