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BALBOA CONST. CO., INC. v. GOLDEN

No. 5153.

639 P.2d 586 (1981)

BALBOA CONSTRUCTION CO., INC., a California corporation, Plaintiff-Appellant, v. Peter GOLDEN, a/k/a Pete Golden and P. Golden, and Golden Land and Cattle, a New Mexico corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

December 31, 1981.

Attorney(s) appearing for the Case

Richard L. Lastrapes, Jr., Lastrapes, White & Merl, Albuquerque, for plaintiff-appellant.

David E. Martin, Martin & Hilton, Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Judge.

Plaintiff, Balboa Construction Co., Inc., (Balboa), brought this action against defendants Peter Golden and Golden Land and Cattle, Inc., seeking specific performance of an alleged agreement to sell certain real estate, or in the alternative, seeking damages for breach of contract. Defendants specifically denied the formation of any valid contract between the parties and also pled the statute of frauds as an affirmative defense....

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