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Younis v. Griego

Supreme Court of Arizona

October 8, 1951

YOUNIS et ux.
v.
GRIEGO et al

Judgment affirmed.

Robert R. Weaver and Herbert Mallamo, of Phoenix, for appellants.

McQuatters & Stevenson, of Flagstaff, for appellee Joe Griego.

Wilson, Compton & Wilson, of Flagstaff, for appellee Emelia Griego.

Stanford, Justice. Udall, C. J., and Phelps, De Concini and La Prade, JJ., concur.

OPINION

Stanford, Justice.

[72 Ariz. 370] Action was brought in May, 1948, by which it was claimed by the appellants (plaintiffs therein) that appellant Tom Younis and appellee Joe Griego entered into a partnership at Flagstaff, Arizona, in November, 1934, in the conduct of a small grocery business.

Younis left Flagstaff in August, 1935, and went to Taos, New Mexico, where he remained until the spring of 1942. He then returned to Flagstaff and went to work with the Navajo Ordinance Depot, at Bellemont.

Younis and Griego were reared together, the latter having gone to live at the Younis home when he was about nine years of age. He was taken to Gallup, New Mexico, by the Younis family and was there placed in school, attending school under the name of Younis. Later, Griego and Younis married sisters who joined in this suit. Joe Griego

Page 359

and Emelia Griego, his wife, were divorced on December 7, 1946, but when this action was brought by Tom Younis and his wife to dissolve the alleged partnership, Emelia Griego joined her former husband in their answer to the action.

Prior to entering into the grocery business, appellee Joe Griego worked for Babbitt Brothers at Flagstaff as a delivery man. In September, 1934, Younis, being on his way to New Mexico, stopped over with Griego who had been hurt in an accident, and Younis stayed over to help him. They discussed a business for Griego to go into and finally the two of them went to Phoenix and interviewed officials with a view of entering into the wholesale liquor business. Neither of them had much means and they were advised not to attempt the wholesale liquor business but to first get a retail liquor license. They returned to [72 Ariz. 371] Flagstaff and Griego found a small grocery business for sale which was purchased on very easy terms. Later on, a retail license for the sale of liquor was applied for and received in the name of Griego. The lease of the premises containing a stock of goods, however, was drawn up and signed by both Griego and Younis.

In the action brought by appellants, they asked for dissolution of the partnership, for an accounting, and for the court to impress a trust on the properties derived from the partnership ...


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