MATUSIK v. DORN

No. 2 CA-CV 88-0114.

157 Ariz. 249 (1988)

756 P.2d 346

Joseph MATUSIK and Sandra Matusik, husband and wife, Plaintiffs/Appellants, v. Michael S. DORN and Evelyn M. Dorn, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

May 24, 1988.


Attorney(s) appearing for the Case

William R. Mettler, Jr., Phoenix, for plaintiffs/appellants.

Ivy L. Kushner, Scottsdale, for defendants/appellees.


OPINION

HOWARD, Presiding Judge.

BACKGROUND AND FACTS

This is an appeal from the granting of a summary judgment. The issue here is whether the "discovery rule" applies to a breach of contract action against the builder of improvements to real estate. The facts, considered in the light most favorable to the appellants, show that on March 3, 1977, the appellants purchased a home built by appellee Michael Dorn, a general contractor. On or about October...

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