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Bailey v. Kuida

Supreme Court of Arizona

January 24, 1950

BAILEY et ux.
v.
KUIDA et ux

Judgment reversed.

Shute & Elsing, of Phoenix, for appellants.

Hill, Robert, Hill & Price, of Phoenix, for appellees.

Patterson, Superior Judge. La Prade, C. J., and Udall, Stanford and De Concini, JJ., concur. Justice M. T. Phelps being disqualified as he was the trial Judge, the Honorable W. E. Patterson, Judge of the Superior Court, Yavapai County, was called to sit in his stead.

OPINION

Patterson, Superior Judge.

[69 Ariz. 358] Joseph A. Bailey and Eva M. Bailey, husband and wife, hereafter called plaintiffs, brought an action against Walter B. Kuida and Christine M. Kuida, husband and

Page 896

wife, hereafter called defendants, to rescind a contract of sale and purchase of real estate.

The sale was negotiated through J. W. Carter, a real estate broker, as agent for defendants. Carter represented to plaintiffs before an agreement was signed that in his opinion the property could be used for construction of an apartment house thereon.

His testimony in part is as follows:

"Q. And it is true, is it not, that both at the time that you were showing the lot to them, and offering it for sale, and at all subsequent times, you stressed with considerable particularity the feasibility of that beautiful site for an apartment house, did you not? A. Yes, sir."

Also,

"Q. Now both before and after the purchase of this center street property you told them that there were no restrictions on it at all that would affect the building of an apartment house, did you not? A. I told them it was my ...


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