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MALIBU POOLS OF NEW MEXICO, INC. v. HARVARD

No. 13137.

637 P.2d 537 (1981)

MALIBU POOLS OF NEW MEXICO, INC., Plaintiff-Appellant, v. H. Lee HARVARD and Joanne W. Harvard, Defendants-Appellees. In the Matter of the Arbitration Between Malibu POOLS OF N.M., INC., Claimant-Appellant, v. H. Lee HARVARD and Joanne W. Harvard, Respondents-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 3, 1981.

Attorney(s) appearing for the Case

Bruce E. Pasternack, Albuquerque, for appellant.

Hinkle, Cox, Eaton, Coffield & Hensley, Paul M. Bohannon, Roswell, for appellees.

OPINION

RIORDAN, Justice.

The plaintiff, Malibu Pools of New Mexico, Inc., (Malibu) performed services and furnished materials in 1976 for construction of a swimming pool and garden room at the residence of defendants, Lee and Joanne Harvard (Harvard). As a result of disputes between the parties over the construction agreement, Harvard terminated progress payments and Malibu discontinued work on the project.

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