Mobile Home Estates, Inc. v. Levitt Mobile Home Systems, Inc.

CAMERON, Chief Justice.

Plaintiff, Mobile Home Estates, Inc., sued for rescission of a contract entered into with defendant Levitt Mobile Home Systems, Inc., and for restitution of money paid under the contract. The trial court granted Levitt’s motion for summary judgment and plaintiff appeals. We take jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.

We must answer three questions on appeal:

1. Was the contract as modified fully executed?

2. If so, does the doctrine of commercial frustration apply to a fully executed contract?

3. May A.R.S. § 10-482, requiring foreign…