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NEW MEXICO SELLING CO. v. CRESCENDO CORPORATION

No. 7430.

394 P.2d 260 (1964)

74 N.M. 409

NEW MEXICO SELLING CO., Richard Distributing Co., and Pucci Distributing Co., Petitioners, v. CRESCENDO CORPORATION (NSL), Nicholas Kapnison, Natalyn Kapnison, Howard Raishe, Ruth Raishe and William M. Terranova, Respondents. William M. TERRANOVA, Plaintiff, v. Howard M. RAISHE and Ruth C. Raishe, Defendants-Appellants, Robert J. Johnson, Intervenor-Appellee.

Supreme Court of New Mexico.

July 27, 1964.

Attorney(s) appearing for the Case

Frank O. Westerfield, Jr., George F. Stevens, Albuquerque, for appellants.

Hines & Mistretta, Albuquerque, for intervener-appellee.

CARMODY, Justice.

The intervener in the court below was granted judgment and the defendants Raishe appeal.

It seems that in 1961 the intervener Johnson leased a restaurant and supper club, known as the Crescendo, to certain other parties. The lessees then formed the Crescendo Corporation, and in 1962 an agreement was entered into between the lessees and the corporation to sell the club to the defendants Raishe. Certain payments were made by the Raishes, and...

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