Legal Opinion · Dissent

Sam Levitz Furniture Co. v. Safeway Stores, Inc.

Court of Appeals of Arizona

Decided November 18, 1969No. 2 CA-CIV 681Published

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

  1. Shaw v. DreyfusCourt of Appeals for the Second Circuit · 1949
  2. Marsh v. LottCalifornia Court of Appeal · 1908
  3. Sibley v. JeffreysArizona Supreme Court · 1956
  4. Anderson v. BadgerCalifornia Court of Appeal · 1948
  5. City of Enterprise v. SmithSupreme Court of Kansas · 1900

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