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EIFERLE v. TOPPINO

No. 11146.

565 P.2d 340 (1977)

90 N.M. 469

D. G. EIFERLE and Anna Eiferle, Plaintiffs-Appellants, v. Milton A. TOPPINO, Defendant-Appellee.

Supreme Court of New Mexico.

June 14, 1977.

Attorney(s) appearing for the Case

Gallagher & Walker, Peter E. Gallagher, Albuquerque, for plaintiffs-appellants.

Threet, Threet, Glass, King & Maxwell, R. Michael Hooe, Albuquerque, for defendant-appellee.

OPINION

FEDERICI, Justice.

Plaintiffs Eiferle brought this action in the District Court of Bernalillo County, seeking a declaratory judgment as to the rights of the parties under a real estate contract entered into by them with Defendant Toppino. The court heard the case on the merits, entered findings of fact and conclusions of law based upon a stipulation of facts, and dismissed plaintiffs' complaint with prejudice. This appeal followed and we reverse...

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