Sam Levitz Furniture Co. v. Safeway Stores, Inc.

MOLLOY, Chief Judge.

This is a sequel to a reversal rendered by this court in Arizona Land Title & Trust Co. v. Safeway Stores, Inc., 6 Ariz.App. 52, 429 P.2d 686 (1967).1 In this previous opinion, we decided that it was not clear whether the word “purchase” as used in this contract for the sale of real estate meant the consummation of a binding contract of purchase with the owners of three other pieces of property, or the actual acquisition of titles to these other properties.

The lines of battle are about the same on re-appeal. The seller (Levitz), under this contract, contends that a firm…