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BERTHOT v. COURTYARD PROPERTIES, INC.

No. 1 CA-CIV 6056.

138 Ariz. 566 (1983)

675 P.2d 1385

Charles A. BERTHOT, dba Berthot Constructors, Plaintiff-Counterdefendant, Appellee, v. COURTYARD PROPERTIES, INC., an Arizona corporation; George M. Ireland; John Does 1 through 10; George M. Ireland, a professional corporation; Ireland, Lange and Larson, a professional corporation; and Doe Corporations 1 through 10; and the unknown heirs and devisees of any of the above, if deceased, Defendants-Counterclaimants, Appellants.

Court of Appeals of Arizona, Division 1.

December 22, 1983.

Attorney(s) appearing for the Case

Charles Anthony Shaw, Prescott, for plaintiff-counterdefendant, appellee.

George M. Ireland, P.C. by John R. Perry, Prescott, for defendants-counterclaimants, appellants.

OPINION

HOWARD, Chief Judge.

Appellee sued appellants for breach of a building construction contract and foreclosure of a mechanic's lien, alleging that appellants still owed a balance on the contract of $8,359.11 which they refused to pay. The complaint also alleged that Yavapai Savings & Loan Association had in its possession $3,242.28 of the contract price which should have been paid to appellee on November 26, 1975, but which was not paid since appellee...

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