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KISELLA v. DUNN

No. 5813.

275 P.2d 181 (1954)

58 N.M. 695

Joseph KISELLA and Clara Kisella, Plaintiffs-Appellants, v. W.T. DUNN, Defendant-Appellee.

Supreme Court of New Mexico.

October 13, 1954.

Attorney(s) appearing for the Case

Hartley & Buzzard, Clovis, for appellants.

Smith & Smith, Clovis, for appellee.

McGHEE, Chief Justice.

The plaintiffs instituted this action by complaint seeking damages for fraud and deceit in connection with a trade of properties owned by the parties. After filing of the complaint the defendant moved for a definite statement under Rule 12(e), Rules of Civil Procedure, asking that plaintiffs state whether or not there was a written contract between the parties and that if there were such written contract...

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