Arizona Title Guarantee & Trust, Co. v. Modern Homes, Inc.

WINDES, Justice.

Plaintiff, Modern Homes, Inc., filed complaint for declaratory judgment consisting of two counts against Arizona Title Guarantee & Trust Company. Defendant hy answer admitted the material allegations of fact. Both parties moved for summary judgment. The trial court granted plaintiff’s motion and rendered judgment accordingly. Defendant appeals. The parties agree there are only two questions presented for decision. There are many facts set forth in the complaint which have no essential bearing upon a solution of the problems presented. In the interest of brevity and clarity we…