Durkee-Thomas Corp. v. Doherty

This is the second time this case has come before us, our opinion on the first appeal being found in Durkee-Thomas Corp. v. Doherty, 37 Ariz. 457, 295 Pac. 302. On that appeal we' reversed the judgment entered for plaintiff at the trial in the superior court and sent the case back for a second trial, at which a verdict was again returned in favor of plaintiff and judgment entered thereon, and it is from this last judgment that this appeal is taken.

A reporter’s transcript was filed, but on motion of plaintiff it was stricken from the records by this court, and the case therefore comes before…