Legal Opinion
Roscoe-Gill v. Newman
Court of Appeals of Arizona
Decided December 19, 1996No. 2 CA-CV 96-0140PublishedCited by 7 opinions
1Opinion of the Court
OPINION
PELANDER, Presiding Judge.
The key issue in this case is whether a seller in a real estate sales transaction is bound by and limited to a liquidated damage provision in the parties’ contract or instead may avoid the provision and recover from the buyer a greater amount of damages allegedly caused by the latter’s breach. After granting summary judgment for the buyer on that issue, the trial court entered a stipulated judgment for the seller, plaintiff/appellant Carolyn Roscoe-Gill, in the amount of the liquidated damages specified in the contract. She appeals from that judgment. For the…
2Cases cited13 opinions
- Maxwell v. Fidelity Financial Services, Inc.Arizona Supreme Court · 1995
- McAlister v. CitibankCourt of Appeals of Arizona · 1992
- Tiffany Incorporated v. WMK Transit Mix, Inc.Court of Appeals of Arizona · 1972
- Margaret H. Wayne Trust v. LipskyIdaho Supreme Court · 1993
- Mahoney v. TingleyWashington Supreme Court · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re DirecTV Early Cancellation LitigationDistrict Court, C.D. California · 2010
- Mining Investment Group, LLC v. RobertsCourt of Appeals of Arizona · 2008
- In Re Vantage Investments, Inc.United States Bankruptcy Court, W.D. Missouri · 2005
- Dobson Bay Club II DD, LLC v. La Sonrisa De Siena, LLCCourt of Appeals of Arizona · 2016
- Sandpiper Resorts Development Corp. v. Global Realty Investments, LLCDistrict Court, D. Arizona · 2012
2 more not listed; retrieve them via the Exa API.