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Tipton v. Burson

Supreme Court of Arizona

December 17, 1951

TIPTON et al
v.
BURSON

Judgment affirmed.

Moeur & Moeur, and Shute & Elsing, all of Phoenix, for appellants.

George M. Sterling, of Phoenix, for appellee.

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

OPINION

La Prade, Justice.

Page 1099

[73 Ariz. 146] This is an appeal by appellants (defendants below) from a money judgment rennowed against them in an action wherein appellee was plaintiff. The parties will be referred to as they were in the lower court, plaintiff and defendants.

Plaintiff sought damages charging that the defendants intentionally and unlawfully induced one Jack Clem to break a pasturage contract he had with him. Plaintiff alleged that on and prior to the 6th of March, 1949 he controlled by way of patent and state land leases several thousand acres of grazing land in Paradise Valley north of Scottsdale, Arizona; that on said last mentioned date he entered into an agreement with Clem wherein and whereby he agreed to pasture for Clem on said lands 300 head of calves for 90 days at the rate of $ 1.50 per head per month; that on the 7th day of March, Clem moved some of the cattle on the premises and

"IV.

"That on said 7th day of March, 1949, the defendants Kenneth Caswell and Carl Tipton willfully and unlawfully advised and stated to the said Jack Clem that the plaintiff herein had no right to lease said pasturage to said Jack Clem and represented to said Jack Clem that the plaintiff controlled no water upon said range; that at said times the defendants, and each of them, were working in furtherance of said partnerships and threatened to jerk and run said cattle if said cattle were permitted to stay upon said range."

"V.

"That at all times mentioned the plaintiff did control watering places in said area adjacent to said lands hereinbefore mentioned; that the said Jack Clem when advised by the defendants that they would run and jerk his cattle and break his cattle from watering at the waterholes upon said range, immediately caused his said cattle to be removed from plaintiff's land to plaintiff's damage."

After issue was joined, the matter was submitted to a jury which returned a verdict in favor of plaintiff on which the ...


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