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MARSHALL FOUNDATION v. ARONOFF

Nos. 2 CA-CV 88-0048, 2 CA-CV 88-0192.

159 Ariz. 337 (1988)

767 P.2d 224

The MARSHALL FOUNDATION, an Arizona nonprofit corporation, Plaintiff/Appellee, v. Peter ARONOFF and Gretchen Aronoff, husband and wife; Steven D. Fenton and Randy Fenton, husband and wife; Ron Yaeli and Nancy Yaeli, husband and wife; Paul Baker and Alice Baker, husband and wife; Richard Kennedy, Pima County Recorder, Defendants/Appellants. The MARSHALL FOUNDATION, an Arizona nonprofit corporation, Plaintiff/Appellant, v. Peter ARONOFF and Gretchen Aronoff, husband and wife; Steven D. Fenton and Randy Fenton, husband and wife; Ron Yaeli and Nancy Yaeli, husband and wife; Paul Baker and Alice Baker, husband and wife; Richard Kennedy, Pima County Recorder, Defendants/Appellees. Peter ARONOFF, Steven D. Fenton, Ron Yaeli and Paul Baker, Plaintiffs/Appellants, v. The MARSHALL FOUNDATION, an Arizona nonprofit corporation, Defendant/Appellee.

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

As Amended on Reconsideration November 16, 1988.

Petition and Cross-Petition for Review Denied February 7, 1989.

Attorney(s) appearing for the Case

Slutes, Sakrison, Even, Grant & Pelander by James M. Sakrison, Tucson, for The Marshall Foundation.

Leonard & Felker by David J. Leonard, Margaret A. Krigbaum and David H. Nix, Tucson, for Aronoff, Fenton, Yaeli, Baker & Kennedy.

OPINION

LIVERMORE, Presiding Judge.

The Marshall Foundation issued an invitation to bid on real property owned by it near the University of Arizona. That invitation contained the following language:

Marshall Foundation, a nonprofit corporation, hereby extends an invitation to a limited number of prospective buyers to submit offers to enter into a Purchase Agreement, which is submitted as a part of this bid package. It is the present intention of Marshall...

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