Gibralter Escrow Co. v. Thomas J. Grosso Investment, Inc.

STEVENS, Chief Judge.

This is an appeal by the defendant, Gibraltar Escrow Company, from a summary judgment in favor of the plaintiff, Thomas J. Grosso Investment, Inc. Procedural problems which were -presented have been resolved by our recent opinion in the case of Gabriel v. Murphy, decided 14 Decern her 1966, 4 Ariz.App. 440, 421 P.2d 336, and they need not be repeated here.

FACTS

The summary judgment was based upon the pleadings; a deposition of the defendant’s agent and co-defendant, Don B. Smith; and the defendant’s opposing affidavit. The deposition of Don B. Smith was taken after his…