Mitchell v. Thorne

UDALL, Chief Justice.

Raymond O. Mitchell, plaintiff (appellant) sued Niblack Thorne, defendant (appellee) for $7,500 on an alleged oral contract to repurchase one thousand shares of the capital stock of Hadley Products, Inc., an Arizona corporation. The defendant’s answer specifically denied there was such an agreement and also pleaded as an affirmative defense that if such an agreement was found to exist it was unenforceable because of the statute of frauds. The case was tried to the court, sitting without a jury, which made findings of fact and conclusions of law and then entered judgment…