CULBERTSON v. WILLBURN

No. 5249.

221 P.2d 1061 (1950)

54 N.M. 282

CULBERTSON v. WILLBURN (FIRST NAT. BANK OF ARTESIA, Intervener).

Supreme Court of New Mexico.

August 28, 1950.


Attorney(s) appearing for the Case

George A. Shipley, Alamogordo, for appellant.

Caswell S. Neal, Carlsbad, for appellee.

Neil B. Watson, Artesia, for intervener.


SADLER, Justice.

We are asked to review a decree adjudging rescission of a contract between the parties to it upon the ground of fraud in the making of certain material representations by one of them which the trial court found induced the other to enter into the contract. The facts being simple we shall proceed to state them, in substance, as found by the court at the conclusion of the trial.

Under date of April 21, 1948, W.F. Culbertson, the plaintiff below...

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