McCOY v. ALSUP

No. 4146.

609 P.2d 337 (1980)

Robert E. McCOY and Corrine McCoy, Plaintiffs-Appellants, v. Arthur L. ALSUP, Kim Alsup, Vernon D. Beevers, Cyd A. Beevers, Arthur R. Webb and Barbara S. Webb, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied March 7, 1980.


Attorney(s) appearing for the Case

Gary Harrell, Briones, Harrell & Wills, P.A., Farmington, for plaintiffs-appellants.

Richard J. Gallagher, Gallagher & Curtis, Farmington, for defendants-appellees Webb.

William J. Cooley, Burr & Cooley, Farmington, for defendants-appellees Alsup & Beevers.


OPINION

SUTIN, Judge.

McCoy sued defendants, Webb, Alsup and Beevers for specific performance of an agreement executed by the parties and for damages.

The written agreement, attached to the complaint, was one in which the parties stipulated and agreed that:

1. On July 19, 1972, McCoy executed a warranty deed to Webb with an erroneous description of the land.

2. Alsup and Beevers wanted to purchase the land which McCoy had attempted...

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