HILGER v. COTTER

No. 7772.

410 P.2d 411 (1966)

75 N.M. 699

Lowell HILGER, Plaintiff-Appellant, v. R. Hugo C. COTTER and Jane H. Cotter, his wife, William R. Hendley and Alice J. Hendley, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

January 24, 1966.


Attorney(s) appearing for the Case

Dale B. Dilts, Albuquerque, for appellant.

Shaffer & Butt, Albuquerque, for appellees.


COMPTON, Justice.

The plaintiff appeals from an order dismissing his complaint in which he sought to recover the entire amount due under a real estate contract alleged to be in default.

The dismissal was based upon two grounds, (a) that the complaint failed to state a claim upon which relief can be granted, and (b) that plaintiff's interest in the real estate which is the subject of the action had been extinguished.

The plaintiff, Lowell Hilger, was...

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