FULLERTON v. KAUNE

No. 7077.

382 P.2d 529 (1963)

72 N.M. 201

Reese P. FULLERTON, Plaintiff-Appellant, v. Lucllie C. KAUNE, Individually, and as Executrix of the Last Will and Testament of Henry E. Kaune, Deceased, and Edward Kaune, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied June 24, 1963.


Attorney(s) appearing for the Case

Charles B. Barker, Santa Fe, Reese P. Fullerton, Scottsdale, Ariz., for appellant.

Bigbee & Stephenson, Harl D. Byrd, Santa Fe, for appellees.


CHAVEZ, Justice.

This is an action for a declaratory judgment in which the trial court entered an order and judgment dismissing the action, because it construed the action to be one for specific performance of an oral contract involving an interest in land and thus barred by the statute of frauds. No evidence was presented other than the exhibits attached to the complaint. No findings of fact were made. For the purpose of this appeal, we take the allegations of the...

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