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YOUNG v. THOMAS

No. 12275.

604 P.2d 370 (1979)

93 N.M. 677

Thomas F. YOUNG, Connie Young, Edwin B. Duncan, Camille T. Duncan, William K. Jones, Margaret A. Jones, and 1601 St. Michael's Drive Corporation, Plaintiffs-Appellees, v. Bess G. THOMAS, Individually and as Executrix of the Estate of Bradley M. Thomas, Sr., Deceased, Bradley Morris Thomas, Jr. and Virginia Thomas Nydes, Defendants-Appellants.

Supreme Court of New Mexico.

December 31, 1979.

Attorney(s) appearing for the Case

Johnson & Lanphere, Floyd Wilson, Albuquerque, for defendants-appellants.

Arthur H. Coleman, Albuquerque, for plaintiffs-appellees.

OPINION

EASLEY, Justice.

Young and others (Young) filed a declaratory judgment action against Thomas and others (Thomas) for a declaratory judgment on a real estate lease. Thomas counterclaimed for reformation of the lease because of mutual mistake. The trial court granted summary judgment in favor of Young. We reverse.

We inquire whether the lease is ambiguous so as to permit testimony regarding the intent of the parties, and thereby creating a...

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