BROWN v. HORN

No. 7099.

373 P.2d 542 (1962)

70 N.M. 303

James B. BROWN, Plaintiff-Appellant, v. Calvin HORN, Defendant, Third-Party Plaintiff-Appellee.

Supreme Court of New Mexico.

July 26, 1962.


Attorney(s) appearing for the Case

Hines, Prentice & Mistretta, Albuquerque, for appellant.

Modrall, Seymour Sperling, Roehl & Harris, Albuquerque, for appellee.


COMPTON, Chief Justice.

This is an action by appellant, a real estate broker, to recover a commission from a prospective purchaser, Calvin Horn, appellee, according to the terms of a binder agreement dated July 14, 1960, executed by Horn and the prospective seller, Ted M. White, which binder agreement was later mutually rescinded by the parties thereto. A third-party complaint filed against White was subsequently dismissed. Plaintiff's motion for summary judgment...

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