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HINKLE v. SCHMIDER

No. 6873.

373 P.2d 918 (1962)

70 N.M. 349

Gene HINKLE, d/b/a Hinkle & Co., Realtors, Plaintiff-Appellee, v. Jack SCHMIDER, Norma Schmider and Walter Schmider, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied August 28, 1962.

Attorney(s) appearing for the Case

Julius Wollen, Sutin & Jones, (on motion for rehearing) Albuquerque, for appellants.

Richard C. Civerolo, Pete V. Domenici, Albuquerque, for appellee.

CARMODY, Justice.

This is a suit by a real estate broker for his commission in a situation where the final purchase was not consummated, it having been determined in Bellamah v. Schmider, 1961, 68 N.M. 247, 360 P.2d 656, that the contract could not be specifically enforced because of a deficient tender of the down-payment. The defendant seller appeals from the granting of judgment in favor of the plaintiff...

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