UNDERWOOD v. MARBERRY CONSTRUCTION COMPANY

No. 7521.

397 P.2d 311 (1964)

74 N.M. 664

Robert G. UNDERWOOD and Dorothy G. Underwood, his wife, Plaintiffs-Appellees, v. MARBERRY CONSTRUCTION COMPANY, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

November 30, 1964.


Attorney(s) appearing for the Case

Wilson, Ahern & Montgomery, Albuquerque, for appellant.

Tonkin, Cotter & Hendley, Albuquerque, for appellees.


MOISE, Justice.

Defendant has perfected this appeal from a judgment for $1,918.70, plus costs, entered in favor of plaintiffs after a nonjury trial on the merits.

The facts found by the trial court establish that plaintiffs purchased a lot with a newly constructed house thereon from defendant; that defendant had built the house on "loose filled soil" which fact it should have known; that because the house was built on "loose filled soil," which constituted...

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