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HILL-SHAFER PARTNER. v. CHILSON FAM. TR.

No. 1 CA-CIV 9452.

162 Ariz. 485 (1989)

784 P.2d 691

The HILL-SHAFER PARTNERSHIP, an Arizona general partnership; Daniel W. Hill and Craig Shafer, Plaintiffs Counterdefendants, Appellants Cross-Appellees, v. The CHILSON FAMILY TRUST, dated July 27, 1979 and amended April 22, 1985, Ernest Chilson and Evelyn B. Chilson, Trustees; First American Title Insurance Agency of Coconino, Inc., an Arizona corporation, Defendants Counterclaimants, Appellees Cross-Appellants.

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

June 29, 1989.

Attorney(s) appearing for the Case

Dioguardi, Poli & Ball, Ltd. by Michael N. Poli, Eaton, Lazarus & Dodge, Ltd. by David D. Dodge and Lewis and Roca by John P. Frank, Phoenix, for plaintiffs counterdefendants, appellants cross-appellees.

Fennemore Craig by James Powers, Rosemary J. Shockman and Loral Deatherage, Phoenix, for defendants counterclaimants, appellees cross-appellants.

OPINION

FIDEL, Judge.

A landowner contracted to sell two of three contiguous pieces of land. At the seller's insistence, the land was contractually identified by legal description alone. This case presents the question whether the seller may avoid the sale on grounds of lack of mutual assent because the legal description that the seller supplied did not correspond to its intention. The contract described the middle and southern two of the seller's...

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