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

LOCKWOOD, Chief Justice:

This case is before us on a petition to review a decision of the Court of Appeals reversing a judgment of the Superior Court. The decision of the Court of Appeals, reported at 10 Ariz.App. 225, 457 P.2d 938, is vacated.

After nearly two years of negotiations plaintiff-appellant-seller, hereinafter referred to as Levitz, entered into a written agreement to sell, for $205,000, a four-acre tract in Tucson, to defendant-appellee-buyer, hereinafter referred to as Safeway. The contract contained the following provision :

“Seller has been informed that Buyer’s agreement to…