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PELLETIER v. JOHNSON

No. 2 CA-CV 96-0244.

188 Ariz. 478 (1996)

937 P.2d 668

Gene PELLETIER dba G & B Design Builders, Plaintiff/Appellee/Cross-Appellant, v. Douglas R. JOHNSON and Terri-Lynn A. Johnson, husband and wife, Defendants/Appellants/Cross-Appellees.

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

Review Denied June 5, 1997.

Attorney(s) appearing for the Case

Stein and Stein, P.C. by Henry M. Stein, Mesa, for Defendants/Appellants/Cross-Appellees.

Paul M. Rybarsyk, Scottsdale, for Plaintiff/Appellee/Cross-Appellant.

OPINION

PELANDER, Presiding Judge.

The primary issue in this case is whether a seller whose contract is covered by and fails to comply with Arizona's Home Solicitations and Referral Sales Act (the Act), A.R.S. §§ 44-5001 to 44-5008, may, under proper circumstances, recover equitable, restitutionary damages from the consumer/buyer based on unjust enrichment principles. Ruling in the affirmative, the...

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