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WOUDENBERG, INC. v. MERCH., ETC. CO

No. 1 CA-CIV 7494.

144 Ariz. 417 (1984)

698 P.2d 212

WOUDENBERG LEASING COMPANY, INC., an Arizona corporation, Plaintiff-Appellee, v. MERCHANTS MUTUAL BONDING COMPANY, a corporation, Defendant-Appellant.

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

Order January 31, 1985.

Reconsideration Denied January 31, 1985.

Review Denied April 9, 1985.

Attorney(s) appearing for the Case

Earl Terman, Scottsdale, for plaintiff-appellee.

David A. Groseclose, Cohen, Groseclose & Meissner, Phoenix, for defendant-appellant.

BROOKS, Judge.

This appeal is from a summary judgment which the trial court granted in favor of Woudenberg Leasing, Inc. (Woudenberg) and against Merchants Mutual Bonding Company (Merchants). The issue is whether A.R.S. § 28-1305, which is incorporated into an auto dealer's bond, should be construed to protect a seller-consignor from losses suffered by reason of the wrongful act of the dealer-consignee in converting proceeds of the sale.

Woudenberg leased...

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