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STECK v. HOME INDEMNITY COMPANY

No. 7398.

394 P.2d 267 (1964)

74 N.M. 419

George P. STECK and Helen S. Steck, his wife, Plaintiffs-Appellees, v. HOME INDEMNITY COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

July 20, 1964.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Albuquerque, for appellant.

A.H. McRae, Albuquerque, for appellees.

J.M. SCARBOROUGH, District Judge.

Plaintiffs, George P. Steck and wife, entered into a contract with Wilkerson Construction Company for the construction of a house for the plaintiffs. The contract contained this provision:

"Payments to be made on request as the work progresses to the value of ninety per cent (90%) of all work completed. The entire amount of contract to be paid within ten (10) days after completion."

The Home Indemnity Company, as...

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