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BURKE v. PERMIAN FORD-LINCOLN-MERCURY

No. 13027.

621 P.2d 1119 (1981)

95 N.M. 314

E. B. BURKE, Plaintiff-Appellant, v. PERMIAN FORD-LINCOLN-MERCURY, Defendant-Appellee.

Supreme Court of New Mexico.

January 12, 1981.

Attorney(s) appearing for the Case

Glen L. Houston, Hobbs, for plaintiff-appellant.

R.E. Richards, Hobbs, for defendant-appellee.

OPINION

SOSA, Senior Justice.

The issue on appeal is whether the trial court erred in granting defendant-appellee's motion for dismissal for failure to state a claim under N.M.R.Civ.P. 12(b)(6), N.M.S.A. 1978 (1980 Repl. Pamp.).

This appeal involves the construction of a lease. Plaintiff-appellant Burke (Burke) is the owner of fee of land leased to defendant-appellee Permian Ford-Lincoln-Mercury (Permian). The lease provides for a primary term of...

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