Legal Opinion
QUEIROZ v. Harvey
Court of Appeals of Arizona
Decided January 6, 2009No. 1 CA-CV 07-0309PublishedCited by 3 opinions
1Opinion of the Court
OPINION
JOHNSEN, Judge.
¶ 1 Ivo Queiroz (“Buyer”) appeals a judgment denying him specific performance of a contract by which he agreed to purchase 20 acres of land in Tonopah from Daniel Harvey (“Seller”). The superior court found that Buyer materially breached the contract by failing to promptly deposit earnest money and that his attempted deposit after Seller orally cancelled the contract was invalid. The court also held that even if Buyer timely cured his breach, specific performance would be denied due to inequitable conduct by Buyer’s agent. We conclude that Buyer cured his breach before…
2Cases cited22 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Vulcan Detinning Co. v. American Can Co.Supreme Court of New Jersey · 1907
- Foundation Development Corp. v. Loehmann's, Inc.Arizona Supreme Court · 1990
- Southwest Soil Remediation, Inc. v. City of TucsonCourt of Appeals of Arizona · 2001
- American Ins. Co. v. ScheuflerCourt of Appeals for the Eighth Circuit · 1942
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3Cited by3 opinions
- QUEIROZ v. HarveyArizona Supreme Court · 2009
- Beohm v. Pickel (In re Pickel)United States Bankruptcy Court, D. New Mexico · 2013
- Papazian v. WEISS/STATEArizona Supreme Court · 2009