SANDERS v. FREELAND

No. 6205.

325 P.2d 923 (1958)

64 N.M. 149

Sam SANDERS, Plaintiff-Appellant, v. J.B. FREELAND, Defendant-Appellee, Wayne Adams, Intervenor-Appellant.

Supreme Court of New Mexico.

Rehearing Denied June 13, 1958.


Attorney(s) appearing for the Case

Reese, McCormick, Lusk & Paine, Carlsbad, A.J. Losee, Artesia, for plaintiff-appellant.

Bean, Osborn & Snead, Roswell, for intervenor-appellant.

Brown & Brainerd, Roswell, for defendant-appellee.


McGHEE, Justice.

On May 19, 1954, appellant made a written contract with appellee to sell his equity in a farm which was conditioned upon completion of appellee's May 14 contract of sale and exchange of his farm plus $40,000 to one Haskel Markham. The sale to Markham was never completed, and the defendant did not go through with his purchase from the plaintiff. The plaintiff brought action on the contract's liquidated damages clause.

Plaintiff's agent to sell...

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