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LYNCH v. SANTA FE NATIONAL BANK

No. 4900.

627 P.2d 1247 (1981)

96 N.M. 48

Thomas H. LYNCH and Florence M. Lynch, his wife, Plaintiffs-Appellants, v. SANTA FE NATIONAL BANK, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 30, 1981.

Attorney(s) appearing for the Case

T.G. Cornish, George Foster Hannett, Hannett, Hannett & Cornish, P.A., Albuquerque, for plaintiffs-appellants.

Jeffrey R. Brannen, Montgomery & Andrews, P.A., Santa Fe, for appellee.

OPINION

WOOD, Judge.

The dispositive issue is whether a provision in an escrow agreement, which exculpates the escrow agent from liability for its negligence, is to be given effect. We discuss: (1) bargaining advantage, and (2) public interest.

Plaintiffs were purchasing real property from Lucero under a real estate contract. The plaintiffs, in turn, were selling this, and additional, real property to Buckley under a real estate contract. Both contracts...

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