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KIMBERLY, INC. v. HAYS

No. 10133.

537 P.2d 1402 (1975)

88 N.M. 140

KIMBERLY, INC., a Texas Corporation, Plaintiff-Appellant, v. S. Leslie HAYS and Helen Louise Hays, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

July 2, 1975.

Attorney(s) appearing for the Case

Martin, Martin & Lutz, Las Cruces, for plaintiff-appellant.

Darden, Sage & Darden, Las Cruces, for defendants-appellees.

OPINION

FRANK B. ZINN, District Judge.

The decision under review is a judgment reforming portions of a real estate purchase contract and notes and mortgages relating to it. Under review as well is a declaratory judgment determining payments made and balances due on the notes as reformed.

Kimberly, Inc., the plaintiff, is a closely held Texas corporation of James White, an El Paso, Texas, real estate developer. As the parties dealt with him...

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