MILLER v. UHRICK

No. 2 CA-CIV 5231.

146 Ariz. 413 (1985)

706 P.2d 739

Clayton K. MILLER, III, an unmarried man for himself and as guardian for Michelle Katherine Miller, Plaintiff/Appellant/Cross-Appellee, v. Susan UHRICK, an unmarried woman and Title Insurance Company of Minnesota, doing business in Arizona as a corporation, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division Two, Department B.

May 2, 1985.


Attorney(s) appearing for the Case

Kathleen A. McCarthy, Tucson, for plaintiff/appellant/cross-appellee.

Waterfall, Economidis, Caldwell and Hanshaw, P.C. by Steven M. Cox, Tucson, for defendants/appellees/cross-appellants.


OPINION

LIVERMORE, Judge.

Plaintiff, Clayton Miller, purchased real property from defendant Susan Uhrick for $46,000. $33,500 was paid in cash; the remainder, secured by a deed of trust, to be paid in monthly installments on the first of each month beginning January 1, 1981. The deed of trust provided that time was of the essence, that acceptance of late payments was not a waiver of that provision, and that in the event of any default the beneficiary, by written...

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