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Opinions in Arizona that cite Morris v. Achen Const. Co., Inc., 747 P.2d 1211.

39 citing documents.

Kimminau Law Firm, P.C. v. Melody Hoopes Ariz. Ct. App. Div. 2 2026
v. HOOPES Opinion of the Court negligence, and fraud can support a recoupment defense), vacated in part on other grounds, cf. Aetna Fin.
Henderson v. Hon. moskowitz/sullivan Ariz. 2025
Henderson v. Hon. moskowitz/sullivan Ariz. 2025
Co., Inc., (“The duty not to commit fraud is obviously not created by a contractual relationship and exists, as here, even when there is no contractual relationship between the parties at all.”).4 Arizona has a strong interest in enforcement of its consumer fraud laws.
Saia v. nineveh/bronson Ariz. Ct. App. Div. 1 2024
Saia v. nineveh/bronson Ariz. Ct. App. Div. 1 2024
¶34 to deny Nineveh attorney fees.
Lucas v. Crawford Ariz. Ct. App. Div. 1 2024
Lucas v. Crawford Ariz. Ct. App. Div. 1 2024
p of real property and personal property associated with the sale of both, where a debt is still due one party to the other.” ¶16 “[A] recoupment is a reduction by the defendant of part of the plaintiff’s claim because of a right in the defendant arising out of the same transaction.” Morris v. Achen Const. Co., Inc., rev’d and vacated on other grounds
John Munic Enterprises, Inc. v. Laos 326 P.3d 279 Ariz. Ct. App. Div. 2 2014
John Munic Enterprises, Inc. v. Laos 326 P.3d 279 Ariz. Ct. App. Div. 2 2014
Caruthers v. Underhill 287 P.3d 807 Ariz. Ct. App. Div. 1 2012
Caruthers v. Underhill 287 P.3d 807 Ariz. Ct. App. Div. 1 2012
Bennett James L. Bennett Money Purchase Pension Plan Meyerstein v. Baxter Group Ariz. Ct. App. Div. 2 2010
Bennett James L. Bennett Money Purchase Pension Plan Meyerstein v. Baxter Group Ariz. Ct. App. Div. 2 2010
Co., (“The duty not to commit fraud is obviously not created by a contractual relationship and exists .
TOWN OF GILBERT PROSECUTOR'S OFC. v. Downie 162 P.3d 669 Ariz. Ct. App. Div. 1 2007
TOWN OF GILBERT PROSECUTOR'S OFC. v. Downie 162 P.3d 669 Ariz. Ct. App. Div. 1 2007
Co., Inc., , (holding that unlicensed contractor may assert recoupment defense in civil lawsuit by homeowner), rev'd in part and vacated in part on other grounds
Tritschler v. Allstate Insurance Co., Better Way Services Ariz. Ct. App. Div. 2 2006
Tritschler v. Allstate Insurance Co., Better Way Services Ariz. Ct. App. Div. 2 2006
Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc. 6 P.3d 315 Ariz. Ct. App. Div. 1 2000
Ramsey Air Meds, L.L.C. v. Cutter Aviation, Inc. 6 P.3d 315 Ariz. Ct. App. Div. 1 2000
Co., , (a claim of fraudulent inducement of a contract with a third party does not arise out of the contract because the “duty not to commit fraud ...
Fairway Constructors, Inc. v. Ahern 970 P.2d 954 Ariz. Ct. App. Div. 1 1998
Fairway Constructors, Inc. v. Ahern 970 P.2d 954 Ariz. Ct. App. Div. 1 1998
(reversing fee award because “the parties to the litigation are not parties to the contract, and there is no contention, as between them, that any contract is invalid.”) That Fairway and Ludwig have a contract with each other is beside the point; the question is whether the unfair com
A.H. v. Arizona Property & Casualty Insurance Guaranty Fund 950 P.2d 1147 Ariz. 1997
A.H. v. Arizona Property & Casualty Insurance Guaranty Fund 950 P.2d 1147 Ariz. 1997
Co., Inc., , (action for fraud insufficient when alleged fraud is claimed to have resulted in one party entering into contract with third party).
Thompson v. Better-Bilt Aluminum Products Co. 927 P.2d 781 Ariz. Ct. App. Div. 1 1996
Thompson v. Better-Bilt Aluminum Products Co. 927 P.2d 781 Ariz. Ct. App. Div. 1 1996
(where tort can be committed without a breach of contract, the action does not arise out of contract for the purposes of A.R.S.
Bank One, Arizona v. Rouse 887 P.2d 566 Ariz. Ct. App. Div. 1 1994
Bank One, Arizona v. Rouse 887 P.2d 566 Ariz. Ct. App. Div. 1 1994
Co., Inc., , rev’d in part and vacated in part on other grounds
O'KEEFE v. Grenke 825 P.2d 985 Ariz. Ct. App. Div. 1 1992
O'KEEFE v. Grenke 825 P.2d 985 Ariz. Ct. App. Div. 1 1992
Co., Inc., , , Lewin v. Miller Wagner & Co., Ltd., , Sanchez-O’
Fund Manager v. Corbin 778 P.2d 1244 Ariz. Ct. App. Div. 1 1989
Fund Manager v. Corbin 778 P.2d 1244 Ariz. Ct. App. Div. 1 1989
(where claim was that defendant had fraudulently induced plaintiff to contract with a third party, action did not arise out of contract because there was no contention, as between the parties to the litigation, that any contract was invalid).
Bianco v. Patterson 768 P.2d 204 Ariz. Ct. App. Div. 2 1989
Bianco v. Patterson 768 P.2d 204 Ariz. Ct. App. Div. 2 1989
Morris v. Achen Construction Co., Inc., , rev’d in part, vacated in part
Gibbons v. Chavez 770 P.2d 377 Ariz. Ct. App. Div. 2 1988
Gibbons v. Chavez 770 P.2d 377 Ariz. Ct. App. Div. 2 1988
See also Morris v. Achen Construction Co., Inc.
Bar J Bar Cattle Co., Inc. v. Pace 763 P.2d 545 Ariz. Ct. App. Div. 1 1988
Bar J Bar Cattle Co., Inc. v. Pace 763 P.2d 545 Ariz. Ct. App. Div. 1 1988
Co., , the supreme court held that attorney’s fees could not be awarded in an action alleging that the defendant fraudulently induced the plaintiff to enter into a contract with a third person.
Cashway Concrete & Materials v. Sanner Contracting Co. 761 P.2d 155 Ariz. Ct. App. Div. 2 1988
Cashway Concrete & Materials v. Sanner Contracting Co. 761 P.2d 155 Ariz. Ct. App. Div. 2 1988
See Barmat v. John & Jane Doe Partners, , , Lewin v. Miller-Wagner & Co.

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