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DIANE, INC. v. KAPNISON

No. 14151.

667 P.2d 450 (1983)

100 N.M. 143

DIANE, INC., a corporation, Third-Party Plaintiff-Appellee, v. Nick KAPNISON, individually, Third-Party Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 4, 1983.

Attorney(s) appearing for the Case

Marchiondo & Berry, Michael E. Vigil, Patricia Ortiz, Albuquerque, for third-party defendant-appellant.

Robert N. Singer, Timothy J. Dreher, Albuquerque, for third-party plaintiff-appellee.

OPINION

JOE H. GALVAN, District Judge.

Nick Kapnison, Third-Party Defendant-Appellant (Defendant), entered into a "Loan Brokerage Fee Agreement" with Diane, Inc., Third-Party Plaintiff-Appellee (Plaintiff), whereby Defendant agreed to arrange a loan in the amount of $165,000.00 from the First National Bank of Clovis (Bank) to Plaintiff. Plaintiff agreed to pay Defendant a loan brokerage fee of $25,000.00. The Bank made the loan and Plaintiff paid Defendant...

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