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STALEY v. NEW

No. 5356.

250 P.2d 893 (1952)

56 N.M. 756

STALEY et al. v. NEW et al.

Supreme Court of New Mexico.

December 4, 1952.

Attorney(s) appearing for the Case

Joseph M. Montoya and Edwin L. Felter, Santa Fe, for appellants.

Albert H. Clancy and Samuel Z. Montoya, Santa Fe, for appellee George R. New.

LUJAN, Chief Justice.

On May 28, 1948, Joe E. Staley and Mary G. Staley, his wife, entered into a written contract with George R. New, who undertook and agreed to build a dwelling house for them at a cost of $9,561, at Santa Fe, New Mexico, "according to plans and specifications prepared and furnished by W.M. Lumpkins," their agent. These plans and specifications were introduced in evidence as plaintiffs' Exhibits 1, 2 and

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