Sam Levitz Furniture Co. v. Safeway Stores, Inc.
Court of Appeals of Arizona
1DissentHathaway, Judge
Given a common sense application, the plain language of the agreement would require affirmance. The provision that the agreement “ * * * is conditional upon Buyer’s purchase, upon terms satisfactory to Buyer, of adjacent property * * * ” (emphasis added) is clear and meaningful. Webster’s Third New International Dictionary defines “purchase” as “the acquiring of title to or property in anything for a price * * * a buying for money or its equivalent * * * something obtained for a price in money or its equivalent.” (Emphasis added) The following cases hold that the word “purchase” means…
2Cases cited7 opinions
- Shaw v. DreyfusCourt of Appeals for the Second Circuit · 1949
- Marsh v. LottCalifornia Court of Appeal · 1908
- Sibley v. JeffreysArizona Supreme Court · 1956
- Anderson v. BadgerCalifornia Court of Appeal · 1948
- City of Enterprise v. SmithSupreme Court of Kansas · 1900
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