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UNIVERSAL INV. CO. v. SAHARA MOTOR INN, INC.

No. 2 CA-CIV 3516.

127 Ariz. 213 (1980)

619 P.2d 485

UNIVERSAL INVESTMENT COMPANY, a corporation, as trustee, Plaintiff/Appellant, v. SAHARA MOTOR INN, INC., a corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 22, 1980.

Review Denied November 13, 1980.

Attorney(s) appearing for the Case

Little, Fisher, Brady, Bromley & Siegel, P.C. by George W. Bromley, Tucson, for plaintiff/appellant.

Stompoly & Even, P.C. by John Patrick Lyons, Tucson, for defendant/appellee.

OPINION

RICHMOND, Judge.

This is a suit on a promissory note received by appellant Universal Investment Co. as part payment in the sale of a Tucson motel. Sahara Motor Inn, Inc., the buyer, in its answer raised the affirmative defense of fraud and filed a counterclaim for rescission and damages based on fraudulent concealment. The trial court entered judgment that neither party take anything. Only the seller has appealed.

The determinative question...

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