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TERREL v. DUKE CITY LUMBER COMPANY, INC.

No. 878.

524 P.2d 1021 (1974)

86 N.M. 405

William E. TERREL, d/b/a Little Tree Lumber Company, Plaintiff-Cross Appellant, v. DUKE CITY LUMBER COMPANY, INC., a New Mexico corporation, Joe Grevey, Jack Grevey and Ira Liberman, Defendants-Appellants, and Jo Dell TERRELL, Third-Party Defendant-Cross Appellant.

Court of Appeals of New Mexico.

Certiorari Granted July 11, 1974.

Attorney(s) appearing for the Case

William E. Snead, Arturo G. Ortega, Albuquerque, for plaintiff-cross-appellant.

Charles P. Reynolds, Albuquerque, David Eldon Douglas, Edmund H. Kase, III, Socorro, for third-party defendant-cross-appellant.

John R. Cooney, George T. Harris, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendants-appellants.

OPINION

HENDLEY, Judge.

The jury returned a verdict against defendant, Duke City, in the sum of $635,458.50, on the theory of breach of contract and economic compulsion. The trial court granted Judgment N.O.V. to Duke City in the sum of $175,607.00. Duke City had previously been granted summary judgment on certain promissory notes in the sum of $344,174.19, "* * * subject, however, to any sums which may be awarded plaintiff. * * *" The trial court denied...

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