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FRANKLIN'S EARTHMOVING, INC. v. LOMA LINDA PARK, INC.

No. 7484.

395 P.2d 454 (1964)

74 N.M. 530

FRANKLIN'S EARTHMOVING, INC., a New Mexico Corporation, Plaintiff-Appellant, v. LOMA LINDA PARK, INC., a Corporation, Earl Troxel and Lureata Troxel, his wife, James E. Crosby and Patricia Crosby, his wife, and Sandia Land Developers, Inc., a New Mexico Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

September 21, 1964.

Attorney(s) appearing for the Case

Harry O. Morris, Albuquerque, for appellant.

Richard C. Civerolo, Albuquerque, for appellee Sandia Land Developers, Inc.

Frank J. Southerland, Albuquerque, for appellees.

NOBLE, Justice.

Appellant (plaintiff) Franklin's Earthmoving, Inc. (hereafter referred to as Franklin) constructed a racetrack at Loma Linda Park in Bernalillo County, New Mexico, pursuant to a contract with Loma Linda Park, Inc. (hereafter referred to as Loma Linda). Loma Linda had an unexercised option to buy the land upon which the improvements were made. Franklin filed its amended complaint seeking foreclosure of a claim of lien against the land, Loma Linda and...

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