McDONALD v. JOURNEY

No. 386.

464 P.2d 560 (1970)

81 N.M. 141

James McDONALD and Theresa McDonald, Plaintiffs-Appellees, v. Robert Lee JOURNEY, Defendant-Appellant.

Court of Appeals of New Mexico.

January 16, 1970.


Attorney(s) appearing for the Case

H. Gregg Privette, Privette & Privette, Las Cruces, for appellant.

William S. Martin, Jr., Martin & Morris, Silver City, for appellees.


OPINION

HENDLEY, Judge.

Plaintiffs and defendant signed a written instrument, purporting to be an option or agreement, for the purchase and sale of real estate, on August 23, 1967. Plaintiffs simultaneously delivered a $1,000.00 check to defendant, who also acted as escrow agent. The writing granted plaintiffs "an option to purchase for a period of (90) days or until the outcome of any action" taken by defendant to oust the tenants. The tenants were not...

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