Dewey v. Arnold

ROLL, Judge.

Plaintiff/appellant Thornton G. Dewey (Dewey) appeals from orders denying his motion to amend a complaint and entering summary judgment in favor of defendants/appellees Vivian Arnold (Arnold), John Cardi (Cardi), and others. For the reasons set forth below, we vacate the respective orders and remand for further proceedings.

FACTS

On August 9, 1982, Vivian Arnold and John Cardi offered for sale approximately 1,151 acres situated in Pinal County at a price of $350 per acre. The listing agreement made several references to the availability of water. The listing stated in part:

Since the…