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CANDELARIA v. SANDOVAL

No. 9478.

503 P.2d 1165 (1972)

84 N.M. 387

Prajeres CANDELARIA, Plaintiff-Appellee, v. Justiniano SANDOVAL, Defendant-Appellant.

Supreme Court of New Mexico.

December 8, 1972.

Attorney(s) appearing for the Case

Robinson, Stevens & Thompson, Albuquerque, for appellant.

F.B. Howden, Los Lunas, for appellee.

OPINION

McMANUS, Justice.

Plaintiff, Prajeres Candelaria, brought suit to enforce an oral contract for the sale of two parcels of land. Defendant, Justiniano Sandoval, relied upon the statute of frauds as his defense. Plaintiff then claimed that his part performance of the contract was sufficient to remove the contract from the operation of the statute. The court below accepted plaintiff's argument and granted a decree for specific performance from which...

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