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EARVEN v. SMITH

No. 2 CA-CIV 3341.

127 Ariz. 354 (1980)

621 P.2d 41

M.P. EARVEN and Mary Alice Earven, husband and wife, Plaintiffs/Appellants, v. Eldon L. SMITH and Vera C. Smith, husband and wife, and Transamerica Title Insurance Company, a corporation, Defendants/Appellees. M.P. EARVEN and Mary Alice Earven, husband and wife, Plaintiffs/Appellees, v. Eldon L. SMITH and Vera C. Smith, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 25, 1980.

Review Denied December 16, 1980.

Attorney(s) appearing for the Case

Michael A. Carragher, Safford, for plaintiffs/appellants/appellees.

Goldbaum & Goetz, P.C. by Dean A. Sipe, Tucson, for defendants/appellees/appellants, Smith.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendant/appellee, Transamerica.

OPINION

HATHAWAY, Chief Judge.

Appellees, M.P. and Mary Alice Earven (Earven) instituted this action against appellants Eldon L. and Vera C. Smith (Smith) to recover an amount due under a promissory note given as part of a land sales agreement. Later, the appellees amended their complaint to allege a cause of action against the escrow holder, Transamerica Title, and to seek rescission of the land sales agreement with Smith. Earven also sought recovery for...

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