Phoenix Title & Trust Co. v. Garrett

PHELPS, Justice.

This is an appeal from a judgment against appellants and from an order denying their motion for a new trial.

The facts are that in March, 1947, appellants John Cundiff, Willard H. Nelson, Ruth Hallas and Ernest Kneale were the owners of a tract of land located near Phoenix consisting of approximately 125 acres which they wished to have surveyed and platted “preparatory and preliminary to the erection of dwelling houses in the development and subdividing of said property.”

Working to this end the above owners conveyed the property to appellant Phoenix Title & Trust Company as…