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MOBILE HOME ESTATES v. LEVITT MOBILE HOME

No. 13163.

118 Ariz. 219 (1978)

575 P.2d 1245

MOBILE HOME ESTATES, INC., an Arizona Corporation, Appellant, v. LEVITT MOBILE HOME SYSTEMS, INC., a corporation, Appellee.

Supreme Court of Arizona, In Division.

February 23, 1978.

Attorney(s) appearing for the Case

Jones, Teilborg, Sanders, Haga & Parks, P.C. by John C. Gemmill, David L. Haga, Jr., and Joseph L. Moore, Phoenix, for appellant.

Jennings, Strouss & Salmon by Steven C. Lester and Gary L. Stuart, Phoenix, for appellee.

CAMERON, Chief Justice.

Plaintiff, Mobile Home Estates, Inc., sued for rescission of a contract entered into with defendant Levitt Mobile Home Systems, Inc., and for restitution of money paid under the contract. The trial court granted Levitt's motion for summary judgment and plaintiff appeals. We take jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.

We must answer three questions on appeal:

1. Was the contract as modified...

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