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WARD v. FIRST NAT. BANK IN ALBUQUERQUE

No. 12990.

616 P.2d 414 (1980)

94 N.M. 701

John D. WARD and Jean S. Ward, Petitioners, v. FIRST NATIONAL BANK IN ALBUQUERQUE, Respondent.

Supreme Court of New Mexico.

July 15, 1980.

Attorney(s) appearing for the Case

Joseph H. Mercer, Albuquerque, for petitioners.

Rodey, Dickason, Sloan, Akin & Robb, Victor R. Marshall, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

Our opinion filed June 30, 1980 is hereby withdrawn and the following substituted therefor.

First National Bank in Albuquerque (Bank) sued the Wards for $5,000.00 on their guaranty for the indebtedness of Aspen Construction (Aspen). The trial court dismissed the Bank's complaint. The Court of Appeals reversed and remanded. We granted the Wards' petition for writ of certiorari and now affirm in part and reverse in part.

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