BELLAMAH v. SCHMIDER

No. 6571.

360 P.2d 656 (1961)

68 N.M. 247

Dale J. BELLAMAH, Plaintiff-Appellee, v. Jack SCHMIDER and Norma Schmider, his wife, and Walter Schmider, Defendants-Appellants.

Supreme Court of New Mexico.

March 23, 1961.


Attorney(s) appearing for the Case

Derwood Knight, Adams & Foley, Albuqerque, for appellants.

Owen B. Marron, Albuquerque, for appellee.


PER CURIAM.

Appellee having filed a motion for rehearing the motion was considered and denied. The originally filed opinion has been withdrawn and the following is substituted.

NOBLE, Justice.

This appeal arises out of a contract for the sale of real estate in which there was a partial failure of title and is from a decree ordering specific performance by requiring conveyance of that part of the real estate to which defendants had title and allowing...

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