Angle v. Marco Builders, Inc.

HAYS, Justice.

This appeal arises out of the nonperformance of a real estate purchase contract. We take jurisdiction pursuant to 17A A.R.S. Rules of Civil Appellate Procedure, rule 19(e). The order of the trial court granting summary judgment for Marco Builders, Inc., defendant-appellee, is reversed and we remand this case for a trial on the merits consistent with this opinion. After construing the facts from the record in a light most favorable to the Angles, the party opposing the ruling granting the motion for summary judgment, Arizona Coffee Shops, Inc. v. Phoenix Downtown Park…