ROSS v. RINGSBY

No. 4226.

614 P.2d 26 (1980)

Ted ROSS dba Syntronix Industries, Plaintiff-Appellee Cross-Appellant, v. George F. RINGSBY and Esther Ringsby, Defendants-Appellants Cross-Appellants.

Court of Appeals of New Mexico.

June 10, 1980.


Attorney(s) appearing for the Case

Oliver Burton Cohen, Cohen & Aldridge, Albuquerque, for defendants-appellants cross-appellees.

Paul D. Gerber, Gerber & Ives, Santa Fe, for plaintiff-appellee cross-appellant.


OPINION

ANDREWS, Judge.

In this action appealing a judgment for plaintiff-appellee arising out of a claim of detainer and a counterclaim for specific performance on a contract, we are asked to resolve two questions. First, where the trial court, sitting without a jury, found a counter-offer did not operate as acceptance of a contract, was there sufficient evidence to support the finding? Second, if a contract did exist, should the trial court have allowed...

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