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Hillman v. Busselle

Supreme Court of Arizona

October 6, 1947

HILLMAN et ux.
v.
BUSSELLE et ux

Appeal from Superior Court, Pima County; Evo De Concini, Judge.

Judgment affirmed in part and reversed in part.

Cusick & Lyons, of Tucson, for appellants.

Frank W. Steel, of Tucson, for appellees.

Udall, Justice. Stanford, C. J., and La Prade, J., concur.

OPINION

Udall, Justice.

[66 Ariz. 140] This is an appeal from a judgment denying recovery in an action brought by plaintiffs (appellants) against defendants (appellees) for: (1) The return of earnest money paid on an executory contract for sale of a parcel of realty known as the Cable Hotel in Douglas, Arizona, and (2) for alleged damages resulting from defendants' failure to convey. The case was tried to the court without aid of a jury.

Page 312

Defendants were the owners of the realty in question and the only portion of the contract to sell to plaintiffs which was in writing was the receipt given for the earnest money as follows:

"2/25/46

"Received of Anna Hillman

Deposit of $ 300.00 on the Cable

Hotel in Douglas, Arizona

Bal. -- Due $ 7200.00 on ...


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