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MILLER v. MONTGOMERY

No. 8077.

427 P.2d 275 (1967)

77 N.M. 766

Ronald L. MILLER, d/b/a Miller Construction Co., Plaintiff-Appellee, v. Ray E. MONTGOMERY, d/b/a Montgomery Construction Co., Defendant-Appellant.

Supreme Court of New Mexico.

May 8, 1967.

Attorney(s) appearing for the Case

Threet, Threet, Glass & King, Albuquerque, for appellant.

Hines & Mistretta, Albuquerque, for appellee.

OPINION

NOBLE, Justice.

Ray E. Montgomery has appealed from a $4600 judgment in favor of Ronald L. Miller for damages resulting from Montgomery's breach of a contract to sell Miller certain real estate.

When the contract to sell the land was executed, Miller made a $300 down payment. Montgomery, who had had only an option to buy the land, could not furnish title to it and upon Miller's demand for conveyance...

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