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HAPSAS RLTY., INC. v. McCOUN

No. 11536.

579 P.2d 785 (1978)

91 N.M. 659

HAPSAS REALTY, INC., Plaintiff-Appellant, v. Michael J. McCOUN, Defendant-Appellee.

Supreme Court of New Mexico.

May 10, 1978.

Attorney(s) appearing for the Case

Vener & Fitzpatrick, Louis J. Vener, Albuquerque, for plaintiff-appellant.

Branch & Coleman, Turner W. Branch, Arthur H. Coleman, Rhonda P. Backinoff, Albuquerque, for defendant-appellee.

OPINION

McMANUS, Chief Justice.

Hapsas Realty, Inc., plaintiff-appellant, brought an action for declaratory judgment against Michael J. McCoun, defendant-appellee on an oral contract to divide a real estate commission earned by the leasing of certain premises. Appellee denied the contract and affirmatively alleged that the oral contract, if any, was unenforceable. The trial court, pursuant to N.M.R.Civ.P. 56 [§ 21-1-1(56), N.M.S.A. 1953 (Repl. 1970...

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