1. Home
  2. Browse Decisions
  3. P.3d
  4. 246 P.3d
  5. 246 P.3d 938 (2010)
 

ELM RETIREMENT CENTER, LP v. CALLAWAY

Nos. 1 CA-CV 09-0631, 1 CA-CV 09-0696.

246 P.3d 938 (2010)

ELM RETIREMENT CENTER, LP, an Arizona limited partnership, Plaintiff/Appellant, v. Joann CALLAWAY and Joseph Callaway, wife and husband; Rocco and Ersilia Sablone, husband and wife, Defendants/Appellees.

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

November 2, 2010.

Attorney(s) appearing for the Case

Mann Law Firm, P.C. By Robert N. Mann, Emily H. Mann, Scottsdale, Attorneys for Appellant.

Thomas, Thomas & Markson P.C. By Neal B. Thomas, Phoenix, Attorneys for Callaway Appellees.

Dessaules Law Group By Jonathan A. Dessaules, Phoenix, Attorneys for Sablone Appellees.

OPINION

JOHNSEN, Judge.

¶ 1 A homebuyer appeals the dismissal of its claim for breach of contract based on a provision that imposes on the buyer the obligation to verify any representation about square footage if it considers the size of the property to be material. We affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 The buyer is Elm Retirement Center, LP, which contracted to buy a Scottsdale home in July in July 2005. Elm alleges that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases