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SMITH v. HURLEY

No. 1 CA-CIV 3798.

121 Ariz. 164 (1978)

589 P.2d 38

James K. SMITH and Sally Cloe Smith, husband and wife, Appellants, v. Theodore C. HURLEY, Appellee.

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

Rehearing Denied December 12, 1978.

Review Denied January 9, 1979.

Attorney(s) appearing for the Case

Murphy, Posner & Froimson by Michael J. LaVelle, K. Bellamy Brown, Phoenix, for appellants.

Law Offices of Donald D. Meyers by Clarke H. Greger, Donald D. Meyers, Phoenix, for appellee.

OPINION

JACOBSON, Presiding Judge.

The primary issue in this appeal is whether the obligor under a "buy out" agreement is relieved from performance because of the breach by the obligee of a contemporaneous partnership agreement.

This litigation was initiated by plaintiff-appellant, James K. Smith and Sally Cloe Smith, his wife (as James K. Smith is the primary responsible party, he shall hereinafter be referred to as Smith), against defendant-appellee...

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