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ROBERSON CONSTRUCTION COMPANY v. MONTOYA

No. 8946.

469 P.2d 715 (1970)

81 N.M. 566

ROBERSON CONSTRUCTION COMPANY, Inc., Plaintiff-Appellee, v. Manuel P. MONTOYA, Defendant-Appellant.

Supreme Court of New Mexico.

May 25, 1970.

Attorney(s) appearing for the Case

E.E. Klecan, Albuquerque, for defendant-appellant.

Paul A. Phillips, Albuquerque, for plaintiff-appellee.

OPINION

COMPTON, Chief Justice.

This is an action for damages for breach of contract. Appellant contracted to purchase a house to be constructed by appellee. The contract required the appellant to pay $50.00 as down payment, and provided for a balance of $22,000.00 to be financed through the Veterans Administration. Paragraph 5 of the contract reads:

"5. Upon receipt of written notice from the Seller or...

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