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McLEAN v. PADDOCK

No. 8032.

430 P.2d 392 (1967)

78 N.M. 234

Alexander McLEAN and William McLean, Plaintiffs-Appellees, v. Carl R. PADDOCK and Essie Paddock, his wife, Defendants-Third-Party Plaintiffs-Appellants, v. HARPER REALTY COMPANY, Third-Party Defendant-Appellant.

Supreme Court of New Mexico.

July 17, 1967.

Attorney(s) appearing for the Case

Hines & Mistretta, Albuquerque, for appellees.

Harry E. Stowers, Jr., Gerald W. Roth, Jr., Albuquerque, for appellants Paddock.

Richard C. Civerolo, Paul J. Matteucci, Albuquerque, for appellant Harper Realty Co.

OPINION

NOBLE, Justice.

The circumstances giving rise to this appeal began in 1958 when Carl R. Paddock and Essie Paddock, his wife (hereafter referred to as Paddocks), executed a real estate listing authorizing Harper Realty Company, a real estate broker (hereafter referred to as Harper), to sell their motel. Harper produced a purchaser acceptable to Paddocks, and a binder agreement was executed, reciting a deposit of $1,000 and providing for a further...

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