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1 Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relwsec0584 and id is 1 raw text is: SECURITY DIVISION II. SURETYSHIP CHAPTER 5. SURETY AND CREDITOR § 133. Surety's Set-Off Ariz.App.2015. Cit. in ftn., cit. in case cit. in ftn. After borrower was unable to repay a construction loan because lender withdrew from an agreement to finance the remaining portion of the construction, lender brought an action against guarantors, seeking payment of the balance owed; defendants counterclaimed that plaintiff had breached the implied covenant of good faith and fair dealing by unilaterally terminating its obligation to extend financing for the remaining portion of the construction. The trial court entered judgment for defendants. This court affirmed, holding that the trial court did not err in finding that defendants stated a viable counterclaim. The court pointed out that the trial court had determined that, under Restatement of Security § 133, defendants were entitled to pursue an offset for the amount of any of borrower's claims against plaintiff. Great Western Bank v. LJC Development, LLC, 238 Ariz. 470, 477, 362 P.3d 1037, 1044. ALI m w For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.