Woliansky v. Miller

OPINION

HOWARD, Presiding Judge.

This is the third time this case has been before us. In Woliansky v. Miller, 135 Ariz. 444, 661 P.2d 1145 (App.1983), we held that Woliansky, the assignee of the original vendee of a lot and townhouse, was entitled to specific performance of the realty contract or to damages in the event the vendor could not convey the property. In Woliansky v. Miller, 146 Ariz. 170, 704 P.2d 811 (App.1985), we held that the trial court erred in deciding that Woliansky could not be awarded equitable damages in addition to specific performance and remanded the case to the trial…