LEIGH v. HERTZMARK

No. 8129.

427 P.2d 668 (1967)

77 N.M. 789

H. D. LEIGH, Plaintiff-Appellee, v. Sidney S. HERTZMARK and Hannes H. Parnegg, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied May 26, 1967.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, William C. Schaab, Albuquerque, for appellants.

Hines & Mistretta, Albuquerque, for appellee.


OPINION

HENSLEY, Chief Judge, Court of Appeals.

In the trial court the plaintiff sought and recovered a judgment against the defendants in the sum of $1,863.36.

The cause of action arose out of certain negotiations and a contract whereby the defendants agreed to sell to the plaintiff thirty-two lots in an addition to the City of Albuquerque for the sum of $1,850.00 per lot. The Purchase Agreement, or Binder, dated December 28, 1962, provided that...

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