[DOWNLOAD] "Land v. Bushnell" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Land v. Bushnell
- Author : Arizona Supreme Court
- Release Date : January 04, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This appeal involves a dispute over the terms of a Trust Agreement wherein defendants (Paul and Edna Herrera, James Carter, Sr. and James Carter, Jr.) as First Beneficiaries, agreed to sell the property which was the subject of the Trust to plaintiff, C & T Land and Development Co., the Second Beneficiary. Plaintiff failed to make one of the annual payments and defendants caused a notice of default to be issued. Plaintiff then commenced this action to forestall the forfeiture of its interest under the Trust, alleging that the Trust by its terms gave plaintiff ten separate annual options to buy land from defendants, and that the failure to exercise an option in any one year was not a default which would allow defendants to forfeit plaintiffs future rights under the Trust. Defendants counterclaimed, seeking a declaration that plaintiffs rights under the Trust Agreement had been forfeited. There were cross motions for summary judgment. The trial court granted defendants motion and denied plaintiffs; finding as a matter of law that the Trust provided for forfeiture of all of plaintiffs interests on its failure to make any one of the annual payments.