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BROWN WHOLESALE ELEC. v. BEZTAK

No. 1 CA-CIV 9835.

160 Ariz. 582 (1989)

774 P.2d 1372

BROWN WHOLESALE ELECTRIC COMPANY, a California corporation, Plaintiff-Appellee, v. BEZTAK OF SCOTTSDALE, INC., an Arizona corporation, in its capacity as General Partner of Beztak Scottsdale Ranch Limited Partnership; a Michigan limited partnership; Beztak Scottsdale Ranch Limited Partnership, Defendants-Appellants.

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

Review Granted and Denied July 11, 1989.

Attorney(s) appearing for the Case

Strong and Pugh, P.A. by William K. Strong, Phoenix, for plaintiff-appellee.

Jennings, Kepner & Haug by Donald W. Hart, Chad L. Schexnayder, Phoenix, for defendants-appellants.

Review Granted in Part and Denied in Part July 11, 1989.*

OPINION

HAIRE, Presiding Judge.

The primary issue presented on this appeal is as follows. When a general contractor makes a subcontractor and materialman joint payees on a check for labor and materials furnished, and there is no agreement between the materialman and general contractor as to the allocation of proceeds, will the materialman, by endorsing the check...

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