Legal Opinion

Justus v. Clelland

Court of Appeals of Arizona

Decided April 9, 1982No. 2 CA-CIV 4195PublishedCited by 8 opinions

1Opinion of the Court

HOWARD, Chief Judge.

The action below was for specific performance of a land contract and for damages. The case was tried to an advisory jury which answered specific interrogatories submitted to it. The trial court awarded appellee specific performance and damages.

Appellants contend that specific performance was not available to appellee because (1) a co-tenant cannot sell his undivided share of the common property without the consent of the other co-tenants; (2) the land was purchased for speculative purposes; (3) there was a material mistake; (4) the sale would be oppressive and…

2Cases cited13 opinions

  1. Owens v. McNallyCalifornia Supreme Court · 1896
  2. Suchan v. RutherfordIdaho Supreme Court · 1966
  3. McCullough v. NewtonSupreme Court of Missouri · 1961
  4. Loveless v. DiehlSupreme Court of Arkansas · 1963
  5. Vivian Arnold Realty Co. v. McCormickCourt of Appeals of Arizona · 1973

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3Cited by8 opinions

  1. David Tompkins v. 23andme, Inc.Court of Appeals for the Ninth Circuit · 2016
  2. Gabaig v. GabaigAlaska Supreme Court · 1986
  3. Durdahl v. National Safety Associates, Inc.Wyoming Supreme Court · 1999
  4. Homeside Lending, Inc. v. MillerCourt of Appeals of Utah · 2001
  5. Fund Manager, Public Safety Personnel Retirement System v. Tucson Police & Fire Public Safety Personnel Retirement Systems BoardCourt of Appeals of Arizona · 1985

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