MOUNTAIN VIEW CORPORATION v. HORNE

No. 7481.

395 P.2d 676 (1964)

74 N.M. 541

MOUNTAIN VIEW CORPORATION, Plaintiff-Appellee, v. Sam G. HORNE, Jr., Ruth imogene Horne, Seth T. Fields, Katherine Fields, Herschel E. Davis, Ellene Davis and Sylvia I. Ellis, d/b/a Horne Food Stores, a co-partnership, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 23, 1964.


Attorney(s) appearing for the Case

Frazier & Cusack, Roswell, for appellants.

Sanders & Bruin, B.R. Baldock, Roswell, for appellee.


NOBLE, Justice.

Defendants have appealed from a judgment requiring specific performance of a real estate contract.

Seller (plaintiff) represented itself to be the fee simple owner of the land, free of defects, liens and encumbrances. It agreed to convey when a specified portion of the purchase price had been paid. At the time of execution of the written contract of sale and purchase, the property was subject to a mortgage and to certain restrictions and easements...

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