Summary
In Greenfield v. Cheek, 122 Ariz. 57, 593 P.2d 280 (1979) the Arizona Supreme Court approved and adopted the decision of Division One of this court in Greenfield v. Cheek, 122 Ariz. 70, 593 P.2d 293 (App. 1978) and held that an intent to deceive, manipulate or defraud is a prerequisite to a claim for relief under A.R.S. Sec. 44-1991(2).
Summary of this case from State v. GunnisonOpinion
No. 14074-PR.
March 23, 1979.
Appeal from Superior Court, Maricopa County, Cause No. C-293719; Warren L. McCarthy, Judge.
Dushoff Sacks by David C. Tierney, Phoenix, for appellants and cross-appellees.
Filipe K. Johannson, Phoenix, and Richard A. Nulle, Scottsdale, for appellee and cross-appellant.
REVERSED AND REMANDED.
The petition for review is granted. The decision of the Court of Appeals in Greenfield v. Cheek, 122 Ariz. App. 70, 593 P.2d 293 (1978) is approved and adopted as the opinion of this court. Anything to the contrary in Washington National Corp. v. Thomas, 117 Ariz. 95, 570 P.2d 1268 (App. 1977) and Baker v. Walston Co., Inc., 7 Ariz. App. 590, 442 P.2d 148 (1968) is hereby disapproved.
STRUCKMEYER, V.C.J., and HAYS, HOLOHAN and GORDON, JJ., concur.