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ROBISON v. KATZ

No. 3665.

610 P.2d 201 (1980)

H.E. (Bud) ROBISON d/b/a Robison Realty Company, Plaintiff-Appellee, v. Beverly Katz, Defendant-Appellant, Opal A. Campbell and Sam Q. Campbell, Defendants-Appellees. Beverly KATZ, Counterclaimant, Cross-Claimant-Appellant, v. H.E. (Bud) ROBISON d/b/a Robison Realty Company, Counterdefendant-Appellee. Opal A. Campbell, Plaintiff-Appellee, v. Beverly KATZ, Defendant-Appellant. Beverly KATZ, Defendant-Appellant, Counterclaimant, Cross-Claimant, v. SUTIN, THAYER & BROWNE, Appellees.

Court of Appeals of New Mexico.

Rehearing Denied April 2, 1980.

Writ of Certiorari Denied April 18, 1980.

Attorney(s) appearing for the Case

Paula Tackett, Lynn Pickard, Pickard & Singleton, Santa Fe, for defendant-appellant.

Kevin V. Reilly, Norman S. Thayer, Sutin, Thayer & Browne, Charles E. Barnhart, Barnhart & Oliver, P.A., Henry G. Coors, Robert N. Singer, Coors, Singer & Stratton, Albuquerque, for plaintiffs-appellees.

OPINION

LOPEZ, Judge.

This case arises out of a real estate transaction which the vendee claims she was induced to enter by the fraudulent misrepresentations of the principal vendor and the real estate broker. The issues we consider in this appeal are: 1. whether rescission of a contract may be granted when the defrauded party is unable to restore the other party to the status quo ante; 2. whether a party who obtains rescission is also entitled to...

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