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SWALLOWS v. LANEY

No. 14813.

691 P.2d 874 (1984)

102 N.M. 81

A. Daniel SWALLOWS, Plaintiff-Appellant and Cross-Appellee, v. Ted D. LANEY and Birka Laney, his wife, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 13, 1984.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiff-appellant and cross-appellee.

Thomas G. Fitch, Socorro, for defendants-appellees and cross-appellants.

OPINION

FEDERICI, Chief Justice.

A. Daniel Swallows (Swallows) brought this action against Ted and Birka Laney (Laneys) in the District Court of Catron County alleging breach of contract for the sale of land. The district court ruled in favor of the Laneys, and Swallows appeals. This case involves an important question of first impression in New Mexico: whether a fiduciary relationship between a real estate broker or salesperson and his principal may continue...

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