Kammert Brothers Enterprises Inc. V. Tanque Verde Plaza Co‪.‬

This action is one for damages for breach of contract for sale of commercially zoned real estate near Tucson, Arizona. The buyer of the property, Tanque Verde Plaza Company, a corporation, brought suit against the seller, Kammert Brothers Enterprises, Inc. Certain issues were submitted to the jury on special interrogatories, which were answered favorably for the plaintiff-buyer. By stipulation, the issue of damages was tried to the court, and a judgment entered in favor of the plaintiff for $244,399.14, on May 20, 1963. Upon defendant's appeal to the Court of Appeals, Division II, 4 Ariz. App. 349, 420 P.2d 592, the latter affirmed the judgment in favor of plaintiff, but reduced the amount of damages. The matter being before us on a writ of review, the opinion of the Court of Appeals is vacated.