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SHAEFFER v. KELTON

No. 12294.

619 P.2d 1226 (1980)

95 N.M. 182

E. Martin SHAEFFER, d/b/a Shaeffer Construction Company, Plaintiff-Appellant and Cross-Appellee, v. David A. Kelton, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied December 11, 1980.

Attorney(s) appearing for the Case

Martin, Martin Lutz & Cresswell, Stephen A. Hubert, Las Cruces, for plaintiff-appellant and cross-appellee.

Bivins, Weinbrenner & Regan, Neil E. Weinbrenner, Las Cruces, for defendant-appellee and cross-appellant.

OPINION

GARCIA, District Judge.

This action was brought in the district court to recover on a contract for the development and conveyance of property. Judgment was entered for the plaintiff Shaeffer. Both parties appeal, asserting that the trial court's damage award does not follow any remedy formula recognized in New Mexico. The defendant Kelton further challenges the court's finding that defendant breached the contract. We affirm in part, reverse in part...

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