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HAMILTON v. HUGHES

No. 6331.

322 P.2d 335 (1958)

64 N.M. 1

Jack HAMILTON, Plaintiff-Appellant, v. Levi HUGHES, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied March 17, 1958.

Attorney(s) appearing for the Case

McKenna & Sommer, Santa Fe, for appellant.

Seth, Montgomery, Federici & Andrews, Wm. R. Federici, Santa Fe, for appellee.

COMPTON, Justice.

This is an action to reestablish a lost instrument and for damages for its breach. Appellant alleges that he assigned two certain oil and gas leases to appellee pursuant to the terms of an agreement expressed in a letter written by appellee to him, and allegedly lost. The terms of the agreement are alleged to be substantially as follows:

"A. In consideration of the assignment to defendant of the said leases, plaintiff would thereafter retain...

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