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HILBURN v. BRODHEAD

No. 8585.

444 P.2d 971 (1968)

79 N.M. 460

C.E. HILBURN and Bill R. Hilburn, Plaintiffs-Appellees and Cross-Appellants, v. John BRODHEAD, A.C. Donell, Joe B. Bain, Anderson Clayton & Co., Defendants-Appellants and Cross-Appellees, George Dewey Hon and Melba L. Hon, his wife, and Lone Star Producing Co., Defendants-Appellees, Kenneth Bozeman, Intervenor-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

August 30, 1968.

Attorney(s) appearing for the Case

Heidel, Swarthout & Samberson, Lovington, for appellees Hilburns & Bozeman.

Benjamin M. Sherman, Deming, for appellees Hons and Lone Star Producing Co.

I.M. Smalley, Deming, for appellant Joe B. Bain.

Edwards, Belk, Hunter & Kerr, El Paso, Tex., William W. Bivins, Las Cruces, for appellants A.C. Donell and John Brodhead.

William J. Mounce, El Paso, Tex., for Anderson Clayton & Co.

OPINION

MOISE, Justice.

The dealings out of which this litigation arose had their inception in 1961. In that year, defendants-appellees George Dewey and Melba L. Hon, hereinafter referred to as "Hon," entered into a contract with defendant-appellant Joe B. Bain, hereinafter referred to as "Bain," by the terms of which Hon agreed to sell and Bain to buy 290 acres of land and certain water rights located in Luna County...

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