BURT v. HORN

No. 5170.

641 P.2d 546 (1982)

97 N.M. 515

Richard M. BURT, Plaintiff, v. Fred Robert HORN and Essie B. Horn, his wife, Defendants, Cross-Plaintiffs, Appellants, and Timothy George Henthorn and George Henthorn, Defendants, Cross-Defendants, Appellees.

Court of Appeals of New Mexico.

February 16, 1982.


Attorney(s) appearing for the Case

Sam Snoddy, Malone & Snoody, El Paso, Tex., for defendants, cross-plaintiffs, appellants.

Bruce Lowenhaupt, Las Cruces, for defendants, cross-defendants, appellees.


OPINION

SUTIN, Judge.

Horn appeals from a judgment in favor of Henthorn in the sum of $2,960.71. We affirm.

The trial court found:

1. That by contract executed on July 2, 1978, Henthorn agreed to construct a house for Horn for a consideration equal to cost plus 30% but not to exceed $63,280.

2. Subsequently, construction began, certain extras had been agreed to by the parties, and as of January 8, 1979, Horn had paid Henthorn $70...

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