BRANCH v. MAYS

No. 2060.

554 P.2d 1297 (1976)

89 N.M. 536

Turner W. BRANCH and Vicki Branch, his wife, Plaintiffs-Appellees, v. Gary A. MAYS and Etsco, Inc., a New Mexico Corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

September 7, 1976.


Attorney(s) appearing for the Case

F.L. Nohl, Albuquerque, for defendants-appellants.

James A. Branch, Jr., Robert R. Fuentes, Branch & Branch, Albuquerque, for plaintiffs-appellees.


OPINION

SUTIN, Judge.

Defendant ETSCO, Inc. appeals an adverse judgment which awarded plaintiffs special damages in an action for slander of plaintiffs' fee simple title to property, and denied defendant recovery on its counterclaim for foreclosure of a materialman's lien. We reverse plaintiffs' judgment and affirm the denial of defendant's counterclaim.

A. Plaintiffs were not entitled to recover special damages.

Plaintiffs' claim...

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