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STEADMAN v. TURNER

No. 978.

507 P.2d 799 (1973)

84 N.M. 738

John S. STEADMAN and Ann Steadman, his wife, Plaintiffs-Appellants, v. Thomas TURNER and Jesse P. Merlan, Defendants-Appellees.

Court of Appeals of New Mexico.

February 23, 1973.

Attorney(s) appearing for the Case

Neil C. Stillinger, Watson, Stillinger & Lunt, Santa Fe, for plaintiffs-appellants.

W.H. McDermott, McDermott & Connelly, Santa Fe, for defendants-appellees.

OPINION

WOOD, Chief Judge.

Turner sold a house and lot to plaintiffs. Merlan was Turner's agent. On the basis of alleged statements made by Merlan in connection with the sale, plaintiffs sued defendants claiming fraud and breach of warranty. The trial court granted summary judgment to defendants; plaintiffs appeal. There are four issues in connection with the fraud claim: (1) sufficiency of pleading fraud; (2) proof...

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