Legal Opinion

Hill-Shafer Partnership v. Chilson Family Trust

Arizona Supreme Court

Decided September 18, 1990No. CV-89-0342-PRPublishedCited by 78 opinions

1Opinion of the Court

OPINION

MOELLER, Justice.

JURISDICTION

A buyer 1 sued for specific performance of a contract for the sale of land. The seller counterclaimed, seeking rescission of the contract. The trial court held there was a lack of mutual assent and granted summary judgment to the seller. The court of appeals reversed, holding that the facts did not present an issue of lack of mutual assent, but remanded for further proceedings on a theory of unilateral mistake. We granted seller’s petition for review and have jurisdiction pursuant to A.R.S. § 12-120.24 and Ariz. Const, art. 6, § 5(3).

ISSUES

1. Whether, under…

2Cases cited22 opinions

  1. Barnes v. Arden Mayfair, Inc.Court of Appeals for the Ninth Circuit · 1985
  2. Dombey v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1986
  3. Wisener v. StateArizona Supreme Court · 1979
  4. Goode v. RileyMassachusetts Supreme Judicial Court · 1891
  5. Newton v. BrownNebraska Supreme Court · 1986

17 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Estate of Nelson v. RiceCourt of Appeals of Arizona · 2000
  2. Schaer v. Webster CountySupreme Court of Iowa · 2002
  3. Great American Mortgage, Inc. v. Statewide InsuranceCourt of Appeals of Arizona · 1997
  4. Diaz v. Magma Copper Co.Court of Appeals of Arizona · 1997
  5. Ashton-Blair v. MerrillCourt of Appeals of Arizona · 1996

73 more not listed; retrieve them via the Exa API.

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