HALE v. WHITLOCK

No. 12151.

593 P.2d 754 (1979)

92 N.M. 657

George HALE and Sylester Hale, Plaintiffs-Appellees, v. Gerald M. WHITLOCK, Martha A. Whitlock, Defendants-Appellants, and Albuquerque National Bank, Defendant.

Supreme Court of New Mexico.

April 16, 1979.


Attorney(s) appearing for the Case

Robinson, Stevens & Wainwright, George F. Stevens, Albuquerque, William J. Lock, Albuquerque, for defendants-appellants.

John J. Duhigg, Albuquerque, for plaintiffs-appellees.


OPINION

FEDERICI, Justice.

Appellees brought this action asking the district court to declare that they were not in default on a real estate contract and to restrain the escrow agent, Albuquerque National Bank, from delivering the documents held in escrow to appellants. Appellants counterclaimed, asking the court to declare the real estate contract to be in default and to grant them possession of the property.

The trial court held that appellees...

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