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HORN v. LAWYERS TITLE INSURANCE CORPORATION

No. 10615.

557 P.2d 206 (1976)

89 N.M. 709

Calvin P. HORN and C. Ruth Horn, his wife, and H.B. Horn and Lucille Horn, his wife, Plaintiffs-Appellees, v. LAWYERS TITLE INSURANCE CORPORATION, Defendant-Appellant, v. A.E. THOMAS and Mura Thomas, his wife, Robert p. Tinnin and Frances Tinnin, his wife, Arthur P. Quinn and Elizabeth Quinn, his wife, and M.M. Hardin, Involuntary Plaintiffs-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 16, 1976.

Attorney(s) appearing for the Case

Nordhaus, Moses & Dunn, Donald B. Moses, Jon H. Tuthill, Albuquerque, for defendant-appellant.

Horn & Showers, Thomas E. Horn, Albuquerque, for plaintiffs-appellees.

Joseph H. Mercer, Albuquerque, for involuntary plaintiffs-appellees.

OPINION

GARNETT R. BURKS, Jr., District Judge.

This is an appeal from a judgment of the District Court of Bernalillo County in an action to recover damages for breach of a contract of title insurance. Defendant, Lawyers Title Insurance Corporation, will be referred to as "defendant". The real estate with which we are concerned will be referred to as the "Montoya Tract". Defendant, New Mexico Title Company. merely acted as an agent for defendant and is not...

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