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McCALLISTER v. LUSK

No. 15336.

693 P.2d 575 (1984)

Orville C. McCALLISTER and Judith A. McCallister, Plaintiffs-Appellants, Cross-Appellees, v. D.R. LUSK, Doris A. Lusk, Harry J. Gannon, Nora C. Wilson, Defendants-Appellees, Cross-Appellants, v. Robert O. MOORE and Brenda Moore, Defendants-Appellees, Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 25, 1984.

Attorney(s) appearing for the Case

Martin B. Paskind, Paskind, Lynch, Dow & Printz, P.A., Albuquerque, for plaintiffs-appellants, cross-appellees McAllisters.

Robert C. Hanna, Mei Negishi, Albuquerque, for defendants-appellees, cross-appellants Lusks, et al.

Melissa J. Fassett, Amanda J. Ashford, Campbell, Pica & Olson, Albuquerque, for defendants-appellees, cross-appellees Moores.

DECISION

WALTERS, Justice.

On April 1, 1979, Orville and Judith McCallister (McCallister) sold a leasehold estate to Robert and Brenda Moore (Moores), receiving a promissory note as consideration. On June 6, 1981, Moores sold the property to D.R. and Doris Lusk, et al. (Lusks), by a real estate contract under which Lusks agreed to assume and pay the mortgage from Moores to McCallister.

McCallister received the payment due on December 1, 1981, on...

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