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FRETZ v. FIRST AMERICAN TITLE INS. CO.

No. 1 CA-CV 88-150.

161 Ariz. 174 (1989)

777 P.2d 672

George FRETZ, individually and dba George Fretz Realty; David Lutin; and Richard Heider aka Rico Heider, Plaintiffs-Appellees, v. FIRST AMERICAN TITLE INSURANCE COMPANY, an Arizona corporation, Defendant-Appellant.

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

Reconsideration Denied July 19, 1989.

Attorney(s) appearing for the Case

A. Alexander Katz, Phoenix, for plaintiffs-appellees.

Ronald B. Fineberg, Phoenix, for defendant-appellant.

OPINION

KLEINSCHMIDT, Judge.

This is an action by a real estate broker and two real estate salesmen to recover commissions on a sale of real property. The defendant, First American Title Insurance Co., is an escrow agent. The escrow instructions directed First American to pay the commission out of the proceeds of the sale received in escrow. The escrow agent was also the trustee on a deed of trust securing the sale. When the purchaser of the property defaulted...

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