Legal Opinion

Brown Wholesale Electric Co. v. Beztak of Scottsdale, Inc.

Court of Appeals of Arizona

Decided February 9, 1989No. 1 CA-CIV 9835PublishedCited by 3 opinions

1Opinion of the Court

OPINION

HAIRE, Presiding Judge.

The primary issue presented on this appeal is as follows. When a general contractor makes a subcontractor and materialman joint payees on a check for labor and materials furnished, and there is no agreement between the materialman and general contractor as to the allocation of proceeds, will the materialman, by endorsing the check, be deemed to have been paid the money due him up to the amount of the joint check?

FACTS

Beztak Scottsdale Ranch Limited Partnership is the owner of an apartment project in Scottsdale, Arizona. Beztak of Scottsdale is the general partner…

2Cases cited16 opinions

  1. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  2. United Bank v. Mesa N. O. Nelson Co.Arizona Supreme Court · 1979
  3. In Re the Estate of MillimanArizona Supreme Court · 1966
  4. Post Bros. Construction Co. v. YoderCalifornia Supreme Court · 1977
  5. F. & C. ENGINEERING CO. v. MooreCourt of Appeals of Texas · 1957

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. City of Philadelphia Ex Rel. Allied Roofers Supply Corp. v. Joseph S. Smith Roofing Inc.Superior Court of Pennsylvania · 1991
  2. Brown Wholesale Electric Co. v. Beztak of Scottsdale, Inc.Arizona Supreme Court · 1990
  3. SFR, INC. v. Comtrol, Inc.Court of Appeals of Utah · 2008

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