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SEEKINGS v. JIMMY GMC OF TUCSON, INC.

No. 2 CA-CIV 3638.

131 Ariz. 1 (1981)

638 P.2d 223

Robert L. SEEKINGS and Ida F. Seekings, Husband and Wife, Plaintiffs/Appellees/Cross Appellants, v. JIMMY GMC OF TUCSON, INC., dba Jimmy Recreational Center; and Beaver Coaches, Inc., Defendants/Appellants/Cross Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 13, 1981.

Review Granted June 9, 1981.

Attorney(s) appearing for the Case

Alpert & Fein, P.C. by James A. Fein, K.C. Stanford, Tucson, for plaintiffs/appellees/cross appellants.

Johnson, Dowdall & Payne by Tanis A. Duncan and Richard J. Dowdall, Tucson, for defendant/appellant/cross appellee Jimmy GMC of Tucson, Inc.

Bilby, Shoenhair, Warnock & Dolph, P.C., by Dwight M. Whitley, Jr., Tucson, for defendant/appellant/cross appellee Beaver Coaches, Inc.

BIRDSALL, Judge.

This case involves the sale of a Beaver motor home to appellees Seekings. They filed a complaint alleging breach of contract, breach of express warranty, breach of implied warranty, fraud and consumer fraud. Upon request the trial court made findings of fact and conclusions of law. As relief appellees sought a declaration that appellant Jimmy GMC of Tucson, Inc. (Jimmy) had breached its contract of sale and that a contract be rescinded with resulting...

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