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FRAZIER v. SOUTHWEST SAV. & LOAN ASS'N

No. 1 CA-CIV 5151.

134 Ariz. 12 (1982)

653 P.2d 362

Darlene FRAZIER, personal representative of Fred M. Frazier; Arcane Corporation, an Arizona corporation, Plaintiffs-Appellees, Cross-Appellants, v. SOUTHWEST SAVINGS AND LOAN ASSOCIATION, an Arizona corporation; Ernest Kenny and Mary Kenny, his wife, Defendants-Appellants, Cross-Appellees. SOUTHWEST SAVINGS AND LOAN ASSOCIATION, an Arizona corporation, Defendants-Appellants, Cross-Appellees, v. ARCANE CORPORATION, an Arizona corporation; Darlene Frazier, as personal representative of Fred M. Frazier, Darlene Frazier and Robert Naimy, Defendants-Counter Claimants, Appellees.

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

Rehearing Denied September 21, 1982.

Review Denied October 13, 1982.

Attorney(s) appearing for the Case

Lewis & Roca by Jeremy E. Butler, Paul G. Ulrich, Phoenix, for plaintiffs-appellees, cross-appellants.

Cahill, Hanson, Phillips & Mahowald by Gregory E. Hinkel, and Kunz & Waugh, Ltd. by Donald R. Kunz, Phoenix, for defendants-appellants, and cross-appellees.

OPINION

OGG, Presiding Judge.

This is an appeal by appellants/defendants Ernest and Mary Kenny and Southwest Savings and Loan Association (Southwest) from a judgment entered on a jury verdict in favor of plaintiff/appellee Fred M. Frazier (Frazier). The action involves allegations of misrepresentation and nondisclosure in connection with the sale of land.

We begin with the well-established principle that on...

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