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MITCHELL v. LOVATO

No. 13645.

640 P.2d 925 (1982)

97 N.M. 425

J.C. MITCHELL, Plaintiff-Appellant and Cross-Appellee, v. Julio LOVATO, Doris Lovato, Eloy Baca, Edward J. Waldroop and Tedra G. Waldroop, Defendant-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

February 17, 1982.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., Susan Stockstill Julius, Albuquerque, for J.C. Mitchell.

William F. Webber, Gallagher & Walker, Peter E. Gallagher, Morris Stagner, Albuquerque, Jeff Bingaman, Atty. Gen., Santa Fe, for Julio Lovato et al.

OPINION

FEDERICI, Justice.

Plaintiff-appellant (Mitchell) brought suit in district court seeking injunctive relief, damages and attorney fees arising out of an alleged breach of a commercial lease. Following a non-jury trial, the court granted judgment in Mitchell's favor as to only a portion of the relief sought and he appealed. We affirm.

Mitchell leased premises in Albuquerque to the Waldroops for the years 1970-1985. Waldroops covenanted to use...

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