MERCER v. FLATS

No. 3161.

579 P.2d 803 (1978)

91 N.M. 677

Gary M. MERCER and Cindy Sue Wormington, Plaintiffs-Appellees, v. Tajique FLATS, a limited partnership, Peter McCanna and Vernon King, general partners, Defendants-Appellants, and Transamerica Insurance Company, Intervenor-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied May 10, 1978.


Attorney(s) appearing for the Case

J.E. Casados, Gallagher, Casados & Martin, P.C., Albuquerque, for defendants-appellants.

John J. Carmody, Jr., Kanter & Carmody, P.A., Albuquerque, for plaintiffs-appellees.


OPINION

SUTIN, Judge.

Plaintiffs, as lessees, occupied an apartment that belonged to defendant Tajique Flats. Transamerica Insurance Company, as intervenor, was an insurer of defendant. On February 14, 1976, a fire occurred in the apartment and destroyed plaintiffs' personal belongings and damaged defendant's building. Plaintiffs sued defendants for damages and recovered. Intervenor sued plaintiffs for damages to defendant's property and was denied recovery...

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