Phoenix Title and Trust Company v. Smith

McFarland, Justice.

Pursuant to Rule 47(b), Rules of the Supreme Court, 17 A.R.S., and A.R.S. § 12-120.24, we granted a petition to review the decision of the Court of Appeals reported in 1 Ariz.App. 424, 403 P.2d 828, which reversed a decision of the trial court in which the defendants, appellees, J. M. Smith and Winnie E. Smith, husband and wife, and Dale D. Smith and Barbara M. Smith, husband and wife, hereinafter referred to as the Smiths, recovered judgment against the plaintiffs, appellants herein, Phoenix Title and Trust Company, a corporation; Marvin Lustiger and Thelma Lustiger,…