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THREE RIVERS LAND CO., INC. v. MADDOUX

No. 13925.

652 P.2d 240 (1982)

98 N.M. 690

THREE RIVERS LAND COMPANY, INC., and Marvel Engineering Company, Plaintiffs-Appellees, v. Don MADDOUX and Jacquelyn Maddoux, Maddoux Family Trust, David Emmert, as Temporary Successor Trustee, and David Emmert, Individually, Defendants-Appellants.

Supreme Court of New Mexico.

September 28, 1982.

Attorney(s) appearing for the Case

Walter R. Parr, Las Cruces, for defendants-appellants.

Marian Matthews, Albuquerque, for plaintiffs-appellees.

OPINION

EASLEY, Chief Justice.

Three Rivers Land Company and Marvel Engineering Company sued Don and Jacquelyn Maddoux (Maddoux), Maddoux Family Trust, and David Emmert as trustee and individually for breach of contract and fraud. Maddoux filed a motion to dismiss, which was denied by the trial court. Leave to file an interlocutory appeal was granted, and we reverse.

We discuss:

1. Whether the doctrine of election of remedies is a defense...

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