1. Home
  2. Browse Decisions
  3. P.2d
  4. 663 P.2d
  5. 663 P.2d 1207 (1983)
 

MERTENS v. COFFMAN

No. 5974.

663 P.2d 1207 (1983)

99 N.M. 750

T. Donald MERTENS and Otilia Mertens, Plaintiffs-Appellants, v. Cliff COFFMAN, Defendant, and Elna Phillips, Dale Lee Phillips, Sr., and Dale Lee Phillips, Jr., Defendants-Appellees.

Court of Appeals of New Mexico.

May 12, 1983.

Attorney(s) appearing for the Case

Will Jeffrey, Paskind, Lynch & Dow, P.A., Albuquerque, for plaintiffs-appellants.

Rolf A. Melkus, Threet & King, Albuquerque, for defendants-appellees.

OPINION

WOOD, Judge.

The trial court ruled that the seller's fraud was a defense available to the buyer when a creditor of the seller sought to hold the buyer liable on the basis of the buyer's assumption agreement. We discuss: (1) propriety of rescission because of the fraud; and (2) the seller's fraud as a defense.

There were repeated sales of the personal property of the laundromat. Parthemore sold to Slater in 1976. Slater sold to Mertens in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases