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LINDBECK v. BENDZIUNAS

No. 855.

498 P.2d 1364 (1972)

84 N.M. 21

L.B. LINDBECK and Marinell Lindbeck, his wife, Plaintiffs-Appellants, v. John P. BENDZIUNAS and Bertha Bendziunas, his wife, and The Farmers and Merchants Bank, Defendants-Appellees.

Court of Appeals of New Mexico.

June 2, 1972.

Attorney(s) appearing for the Case

Philip W. Steere, Las Cruces, for plaintiffs-appellants.

Walter R. Parr, Crouch & Lenko, Las Cruces, for Bendziunas.

William L. Lutz, Martin & Martin, Las Cruces, for The Farmers and Merchants Bank.

OPINION

WOOD, Chief Judge.

The appeal involves a real estate transaction. Plaintiffs sought damages against all defendants for breach of contract and conspiracy to defraud, and sought damages against Bendziunas (the Bendziunas defendants) for conversion and waste. Plaintiffs dismissed the conversion claim. Plaintiffs agree that the claim for waste depends on the claim for breach of the written contract against Bendziunas. They also agree that their appeal...

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