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EL PASO NATURAL GAS CO. v. KYSAR INS. AGENCY

No. 13853.

645 P.2d 442 (1982)

98 N.M. 86

EL PASO NATURAL GAS COMPANY, Petitioner, v. KYSAR INSURANCE AGENCY, INC. and Raymond Kysar, Jr., Respondents.

Supreme Court of New Mexico.

Rehearing Denied May 13, 1982.

Attorney(s) appearing for the Case

Montgomery & Andrews, Damon L. Weems, Farmington, John B. Pound, Santa Fe, for petitioner.

Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Albuquerque, for respondents.

OPINION

RIORDAN, Justice.

El Paso Natural Gas Company (El Paso) sued Kysar Insurance Agency, Inc. (Kysar), and its President and sole owner, Raymond Kysar, Jr., to rescind a lease alleging fraud or constructive fraud, and breach of contract. Kysar counterclaimed for breach of covenant of quiet enjoyment. The trial court entered judgment dismissing El Paso's complaint with prejudice and granting Kysar's counterclaim in the amount of $21,938.00 plus costs...

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