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GASTON v. HARTZELL

No. 2169.

549 P.2d 632 (1976)

89 N.M. 217

Albert GASTON and Barbara Gaston, his wife, Plaintiffs-Appellants, v. Carl HARTZELL and Mrs. Carl Hartzell, his wife, and Vernon Realty Corp., and Realty World, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

April 20, 1976.

Attorney(s) appearing for the Case

J. Stephen Gammill, Gammill & Bowerman, Albuquerque, for plaintiffs-appellants.

Jacob Carian, Albuquerque, for Hartzell and Vernon Realty Corp.

Peter H. Johnstone, Keleher & McLeod, Albuquerque, for Realty World, Inc.

OPINION

SUTIN, Judge.

Plaintiffs sought to recover damages from defendants for misrepresentation of the amount of square footage in a residence owned by the Hartzells and sold to plaintiffs. Plaintiffs' complaint was dismissed with prejudice because the claim was barred by the statute of limitations. Plaintiffs appeal. We reverse.

A. Facts and Issue

The record consists of the pleadings and the depositions of plaintiffs. It shows...

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