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FORREST CURRELL LUMBER COMPANY v. THOMAS

No. 8716.

464 P.2d 891 (1970)

81 N.M. 161

FORREST CURRELL LUMBER COMPANY, Inc., Plaintiff-Appellee, v. Sam THOMAS AND Beatrice B. Thomas, Defendants-Appellants, Standard Life and Accident Insurance Company, Intervenor-Appellee.

Supreme Court of New Mexico.

February 9, 1970.

Attorney(s) appearing for the Case

Emmett C. Hart, Tucumcari, for defendants-appellants.

Rowley, Breen & Bowen, Tucumcari, for plaintiff-appellee.

Eugene E. Brockman, Tucumcari, for intervenor-appellee.

OPINION

JAMES W. MUSGROVE, District Judge.

Plaintiff-appellee Forrest Currell Lumber Company, Inc. brought suit against defendants-appellants Sam Thomas and Beatrice B. Thomas for a judgment on a note and foreclosure of a mortgage on appellants' motel. Appellants admitted the note and mortgage but claimed a breach of the motel construction contract from which the note and mortgage arose and filed a counterclaim for damages. Intervenor-appellee Standard Life...

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