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FIRST W. SAV. & L. ASS'N v. HOME SAV. & L.

No. 789.

499 P.2d 694 (1972)

84 N.M. 72

FIRST WESTERN SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellee, v. HOME SAVINGS AND LOAN ASSOCIATION, Defendant-Appellant.

Court of Appeals of New Mexico.

June 23, 1972.

Attorney(s) appearing for the Case

Jack Smith, Edwin E. Piper, Jr., Albuquerque, for defendant-appellant.

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

OPINION

HENDLEY, Judge.

Plaintiff recovered judgment against defendant in a breach of contract and negligence action. Defendant's appeal relates to: (1) statute of limitations; (2) breach of contract; (3) substantial evidence; (4) damages, and (5) subject matter of the contract. Plaintiff's cross-appeal relates to the failure of the trial court to give plaintiff prejudgment interest. Defendant's first point is dispositive of the appeal. We reverse.

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