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CARGILL v. SHERROD

No. 13172.

631 P.2d 726 (1981)

Gary E. CARGILL and Helen Cargill, his wife, Plaintiffs-Appellants, v. James Howard SHERROD and Delores Jean Sherrod, his wife, Roy Neal and Realty Executives, Inc., Defendants-Appellees.

Supreme Court of New Mexico.

July 30, 1981.

Attorney(s) appearing for the Case

Wycliffe V. Butler, Anthony C. Porter, Albuquerque, for plaintiffs-appellants.

Louis S. Marjon, Albuquerque, for the Sherrods.

Threet & King, Martin E. Threet, Albuquerque, for Neal and Realty.

OPINION

EASLEY, Chief Justice.

The Cargills brought an action against the Sherrods seeking damages for fraudulent misrepresentation in the sale of real property and breach of contract. The Sherrods counterclaimed for rescission based upon mutual mistake. The trial court granted summary judgment dismissing the Cargills' claim and granting the Sherrods' counterclaim for rescission. The Cargills appealed. We affirm the dismissal of the complaint, but reverse...

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