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PERONA v. STARK

No. 2 CA-CIV 2333.

114 Ariz. 570 (1977)

562 P.2d 743

Mary E. PERONA, Appellant, v. Helen E. STARK, a widow, Individually and as Personal Representative of the Estate of Ralph E. Stark, Deceased, Appellee.

Court of Appeals of Arizona, Division 2.

March 8, 1977.

Attorney(s) appearing for the Case

Nolen L. McLean, Silverstone & Stern, Tucson, for appellant.

Merchant, Lohse & Bloom by Cliffton E. Bloom, Tucson, for appellee.

OPINION

RICHMOND, Judge.

This is an appeal from a judgment forfeiting the buyer's interest under a contract for sale of real estate. We find that the action was commenced prematurely in contravention of A.R.S. § 33-741, and reverse.

The trial court found as a fact (and also stated as a conclusion of law) that "... any formal (sic) waivers of time limits ...." were revoked in June, 1974, by letters that gave appellant sufficient notice of presumption...

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