Smith v. Neely

93 Ariz. 291 (1963)

380 P.2d 148

J.M. SMITH and Winnie E. Smith, his wife, Appellants,

v.

Warren R. NEELY and Revy Neely, his wife, Appellees.

No. 6975.

Supreme Court of Arizona. En Banc.

March 27, 1963.

Rehearing Denied April 16, 1963.

Hughes & Hughes, Phoenix, and Wilford R. Richardson, Safford, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for appellees.

GARRETT, Superior Court Judge.

This is an action for specific performance of a contract to sell land. Performance was ordered by the trial court. The seller-defendant has appealed, contending first, the plaintiff is barred by the…