Legal Opinion

Schuldes v. National Surety Corporation

Court of Appeals of Arizona

Decided October 19, 1976No. 1 CA-CIV 2560PublishedCited by 17 opinions

1Opinion of the Court

OPINION

EUBANK, Judge.

In addition to other questions, this appeal presents the question of the particular statute of limitations applicable to an action for wrongful attachment and of the damages recoverable in such an action.

The underlying transaction consisted of the execution in May 1967 of a preliminary sales agreement between the appellants, Schuldeses, and a Mr. and Mrs. Thomason, by which the appellants purchased a res taurant to be known as The Steak House (Red Dog) in Scottsdale, and agreed to assume the payment of a promissory note payable to the Arizona Bank. Appellants defaulted on…

2Cases cited22 opinions

  1. Orlando v. NorthcuttArizona Supreme Court · 1968
  2. Tsesmelis v. Sinton State BankTexas Commission of Appeals · 1932
  3. Valley National Bank v. BrownArizona Supreme Court · 1974
  4. Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
  5. Visco v. Universal Refuse Removal CompanyCourt of Appeals of Arizona · 1969

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3Cited by17 opinions

  1. Rancho Pescado, Inc. v. Northwestern Mutual Life InsuranceCourt of Appeals of Arizona · 1984
  2. Rhue v. DawsonCourt of Appeals of Arizona · 1992
  3. Van Cleef v. Aeroflex CorporationCourt of Appeals for the Ninth Circuit · 1981
  4. The Kissell Company v. Forrest Gressley and Emily Gressley, Husband and Wife, and Mountain View Garden ApartmentsCourt of Appeals for the Ninth Circuit · 1979
  5. Tucson Unified School District v. Owens-Corning Fiberglas Corp.Arizona Supreme Court · 1993

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