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SPEARS v. CANON DE CARNUE LAND GRANT

No. 8878.

461 P.2d 415 (1969)

80 N.M. 766

Frank SPEARS, d/b/a Seven Springs Sinclair, Plaintiff-Appellant, v. CANON de CARNUE LAND GRANT, Defendant-Appellee.

Supreme Court of New Mexico.

November 24, 1969.

Attorney(s) appearing for the Case

John B. Speer, Albuquerque, for appellant.

M.J. Clayburgh, Albuquerque, for appellee.

OPINION

TACKETT, Justice.

This action was commenced in the District Court of Bernalillo County, New Mexico, for a declaratory judgment and return of alleged rent overpayments. Summary judgment was granted for defendant. Plaintiff appeals.

Plaintiff alleged that he was assignee of a lease on property within the Canon de Carnue Land Grant. The original lease dated October 1, 1959, was between defendant and parties by the name of Giannini, who were...

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