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SPINOSO v. RIO RANCHO ESTATES, INC.

No. 4719.

626 P.2d 1307 (1981)

96 N.M. 5

Frank SPINOSO and Mary Spinoso, Plaintiffs-Appellees, v. RIO RANCHO ESTATES, INC., and Amrep Construction Corporation, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied April 13, 1981.

Attorney(s) appearing for the Case

Lastrapes & Merl, Albuquerque, for defendants-appellants.

Robert C. Resta, Albuquerque, for plaintiffs-appellees.

OPINION

ANDREWS, Judge.

This suit was brought to recover damages for construction defects in the building of a house. The plaintiffs, Frank and Mary Spinoso (Spinosos) entered into an agreement with Rio Rancho Estates, Inc. (Rio Rancho) to purchase a lot on which a subsidiary, Amrep Construction Corporation, was to construct a house. The agreement, drawn by Rio Rancho, included the following provision:

Seller agrees, at its sole cost and expense...

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