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QUEIROZ v. HARVEY

No. 1 CA-CV 07-0309.

204 P.3d 390 (2009)

Ivo QUEIROZ, an unmarried man, Plaintiff-Counterdefendant/Appellant, v. Daniel HARVEY, Defendant-Counterplaintiff/Appellee.

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

Review Granted January 6, 2009.

Attorney(s) appearing for the Case

Gust Rosenfeld P.L.C. By Charles W. Wirken, Phoenix, Attorneys for Appellant.

Jennings, Strouss & Salmon, P.L.C. By David B. Earl, David Brnilovich, Garrett J. Olexa, Phoenix, Attorneys for Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 Ivo Queiroz ("Buyer") appeals a judgment denying him specific performance of a contract by which he agreed to purchase 20 acres of land in Tonopah from Daniel Harvey ("Seller"). The superior court found that Buyer materially breached the contract by failing to promptly deposit earnest money and that his attempted deposit after Seller orally cancelled the contract was invalid. The court also held that even if Buyer timely...

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