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KRUPIAK v. PAYTON

No. 11215.

561 P.2d 1345 (1977)

Thomas W. KRUPIAK and Maria Estella Krupiak, his wife, Individually, and Krupiak Construction & Development Co., Inc., Petitioners, v. George A. PAYTON and Joan Payton, his wife, Perry C. Chase and Patricia A. Chase, his wife, Daniel Archuleta and Martha Archuleta, his wife, Frank E. Larkins, a single man, Gerald Emerson and Reyna Emerson, his wife, Respondents.

Supreme Court of New Mexico.

March 31, 1977.

Attorney(s) appearing for the Case

Edward J. Apodaca, Albuquerque, for petitioners.

Robert C. Resta, Rodey, Dickason, Sloan, Akin & Robb, John P. Salazar, Albuquerque, amicus curiae Albuquerque Home Builders Assn.

OPINION

PAYNE, Justice.

In February 1972, the defendant Krupiak, a home builder, purchased certain lots fronting a paved access road and bordered on the back by an unpaved street. He was given a discount from the purchase price to offset any special assessments or other charges which "have been or may be levied against said lots." Homes were constructed on these lots which were sold to the plaintiffs through a real estate agency. These sales occurred in...

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