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TRICKEY v. ZUMWALT

No. 9298.

491 P.2d 166 (1971)

83 N.M. 278

H.H. TRICKEY et al., Defendants-Cross-Claimants-Appellants, v. Helena J. Harris ZUMWALT, Defendant-Cross-Defendant-Appellee, v. ALBUQUERQUE NATIONAL BANK, Executor of the Estate of Evelyn K. Giant McDowell, Deceased, Defendant-Appellee.

Supreme Court of New Mexico.

November 29, 1971.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, Peter J. Adang, Albuquerque, for appellants.

John E. Hall, Albuquerque, for Zumwalt.

OPINION

COMPTON, Chief Justice.

On October 1, 1964, appellants entered into a real estate sales contract with appellee Zumwalt for the sale of land for $60,000.00, $5,000.00 cash, and the balance payable in annual installments.

On November 24, 1969, the State of New Mexico commenced condemnation proceedings against the property involved, eventually acquiring the entire tract. In accordance with § 22-9-43, N.M.S.A. 1953 Comp. (1971 Supp.), the...

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