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HUESCHEN v. STALIE

No. 14236.

652 P.2d 246 (1982)

98 N.M. 696

Richard HUESCHEN and Denise Despres, Petitioners, v. Richard STALIE and Leslie Stalie and First Escrow, Inc., a New Mexico corporation, v. Salvadore DANTONI and Olive Dantoni, Respondents.

Supreme Court of New Mexico.

September 30, 1982.

Attorney(s) appearing for the Case

Bruce P. Moore, Santa Fe, Higgins & Lee, John W. Higgins, Albuquerque, for petitioners.

Pearlman & Diamond, David Pearlman, Albuquerque, Singleton & Roberts-Hohl, Sarah Singleton, Santa Fe, for respondents.

OPINION

FEDERICI, Justice.

Salvador and Olive Dantoni (Dantoni) sold land to Richard and Leslie Stalie (Stalie) under a real estate contract that prohibited the selling or assigning of the contract without refinancing. A year later, Stalie "leased" the land to Richard Hueschen and Denise Despres (Hueschen/Despres). Dantoni, alleging that in actuality the "lease" was an assignment of the real estate contract, brought an action for breach of contract and foreclosure...

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