Tovrea v. Umphress

OPINION

NELSON, Judge.

This is an appeal brought by the Co-Trustees under the will of Philip E. Tov-rea. The action is one to quiet title to a tract of land in Phoenix, Arizona. Appellants, defendants below, filed a counterclaim and crossclaim for specific performance of a written option to purchase the land in question. Appellees are three of the four residuary legatees under Della Tovrea Stuart’s will.

The essential issue in this case is the validity of the Option Agreement — the subject of appellant’s counterclaim and cross-claim. On appeal it is argued that the trial court erred in holding…