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AGNEW v. LANDERS

No. 5743.

278 P.2d 970 (1954)

59 N.M. 54

Samuel C. AGNEW and Margia A. Agnew, his wife, Plaintiffs-Appellees, v. G.V. LANDERS and Marie W. Landers, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

Dissenting Opinion January 11, 1955.

Rehearing Denied January 12, 1955.

Attorney(s) appearing for the Case

Albert R. Kool, Albuquerque, for appellants.

K. Gill Shaffer, Albuquerque, for appellees.

LUJAN, Justice.

This is an action to rescind a certain warranty deed, issued and delivered by the plaintiffs to defendants for real property known as the Casa Loma Lodge, situated in Bernalillo County, on account of alleged fraudulent representations, and to recover certain special damages.

In negotiating the sale of the Apache Lodge here involved, the defendant G.V. Landers and his agent, F.L. Pinkston, represented to the plaintiffs the following: (1) That...

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