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OLDENBURGER v. DEL E. WEBB DEV. CO.

No. 1 CA-CIV 9419.

159 Ariz. 129 (1988)

765 P.2d 531

Carl OLDENBURGER and Georgina Oldenburger, husband and wife, Plaintiffs-Appellants, v. DEL E. WEBB DEVELOPMENT CO., an Arizona corporation, and Del E. Webb Corporation, an Arizona corporation, Defendants-Appellees.

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

Reconsideration Denied August 11, 1988.

Review Denied January 10, 1989.

Attorney(s) appearing for the Case

Thur, Dawson & O'Sullivan by Roger O'Sullivan, Anita Rosenthal, Scottsdale, for plaintiffs-appellants.

MacLean & Jacques, Ltd. by Cary T. Inabinet, Phoenix, for defendants-appellees.

OPINION

JACOBSON, Presiding Judge.

In this appeal we must determine whether the tort of bad faith lies for breach of a real estate sales contract and whether Del E. Webb Development Company (DEVCO) and Del E. Webb Corporation were entitled to summary judgment on claims made against them for breach of contract.

Carl and Georgina Oldenburger entered into a contract with DEVCO in June 1984 to purchase a residence in Sun City West. The Oldenburgers paid...

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