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HARP v. GOURLEY

No. 6530.

359 P.2d 942 (1961)

68 N.M. 162

C. A. HARP, Plaintiff-Appellant and Cross-Appellee, v. W. J. GOURLEY, W. S. Ranch Co., a Corporation, and Maxwell Land Grant Company, a Corporation, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

March 3, 1961.

Attorney(s) appearing for the Case

Modrall, Seymour, Sperling, Roehl & Harris, Allen C. Dewey, Waldo Spiess, Albuquerque, for appellant.

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

On Motion For Rehearing

PER CURIAM.

Upon consideration of Motion for Rehearing, the original opinion heretofore filed is withdrawn and the following is substituted therefor.

MOISE, Justice.

This is a suit to collect a commission on the sale of a ranch. The right to the commission is based upon a letter from defendant Gourley to the plaintiff, dated August 6, 1945, the material portions of which read as follows:

"Finally, I think...

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