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HOUSTON LUMBER CO. v. SKAGGS

No. 12322.

613 P.2d 416 (1980)

94 N.M. 546

HOUSTON LUMBER COMPANY, Plaintiff-Appellee, v. Jimmy Richard SKAGGS et al., Defendants-Appellants.

Supreme Court of New Mexico.

June 18, 1980.

Attorney(s) appearing for the Case

Sommer, Lawler, Scheuer & Simons, Thomas A. Simons, IV, Santa Fe, Ted L. Hartley, Lyle Walker, Fred Tharp, Jr., Richard M. Snell, Richard Rowley, II, Clovis, for defendants-appellants.

No appearance for plaintiff-appellee.

OPINION

PAYNE, Justice.

On June 30, 1977, appellant Sandia Savings loaned Jimmy Richard Skaggs $37,000 for the construction of a home on Skaggs' property. Sandia Savings secured the loan by taking a construction loan mortgage on the property. Skaggs hired Jim Burnett, a contractor, to build the house, which he did with the aid of subcontractors and materialmen, including Houston Lumber Company.

On November 28, 1977, Sandia Savings simultaneously...

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