Wilhorn Builders, Inc. v. Cortaro Manangement Co.

PHELPS, Justice.

Both appellant and appellee (hereinafter referred to as buyer and seller respectively) have filed motions for rehearing or for modification of the decision of this court. The motions for rehearings are denied. All material issues were decided in the original opinion that could have been determined and the cause was remanded to the trial court for it, upon a new trial, to decide the issues we are now called upon to decide. Counsel for buyer expressly urged in its briefs that the cause be remanded for trial on the original complaint in the event we reached the conclusion that…