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ARCHULETA v. VELASQUEZ

No. 5919.

287 P.2d 989 (1955)

60 N.M. 97

Rufello V. ARCHULETA, Administrator of the Estate of Theodoro Archuleta, Deceased, Plaintiff-Appellant, v. Santiago VELASQUEZ and Juanita Velasquez, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

September 15, 1955.

Attorney(s) appearing for the Case

Johnston Jeffries, Aztec, Herman A. Daugherty, Farmington, for appellant.

G. W. R. Hoy, Oscar L. Donisthorpe, Farmington, for appellees.

COMPTON, Chief Justice.

This is an appeal from a judgment denying relief on the ground of mistake. On April 9, 1951, appellant's intestate, Theodoro Archuleta, and appellee Santiago Velasquez, entered into a contract whereby Archuleta agreed to convey to Velasquez the surface rights only to approximately 127 acres of land in San Juan County. Section 13 of the contract reads:

"13. It is understood and agreed that, coincident herewith the Owner has executed...

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