NEMEC v. ROLLO

No. 1 CA-CIV 3135.

114 Ariz. 589 (1977)

562 P.2d 1087

Richard J. NEMEC and Barbara A. Nemec, husband and wife, Appellants, v. Martin ROLLO, Appellee.

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

Rehearing Denied March 23, 1977.

Review Denied April 12, 1977.


Attorney(s) appearing for the Case

Dushoff & Sacks by Robert V. Kerrick, Phoenix, for appellants.

Black, Robertshaw, Frederick, Copple & Wright, P.C. by William H. Douglas, Phoenix, for appellee.


NELSON, Presiding Judge.

Plaintiffs, Richard and Barbara Nemec, commenced an action against the defendant, Martin Rollo, to recover the unpaid balance of Rollo's personal note, given as part of the purchase price for the sale of real property. Plaintiffs now appeal from the dismissal of their action in response to defendant's motion for summary judgment. For the reasons stated below, we affirm the judgment.

In 1974 defendant and plaintiffs entered into a written...

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