MARTINEZ v. MARTINEZ

No. 14705.

678 P.2d 1163 (1984)

Delfino MARTINEZ and Eleanor Martinez, as husband and wife, Petitioners-Appellees, v. Sennie A. MARTINEZ and Carlos Martinez, Respondents-Appellants.

Supreme Court of New Mexico.

March 12, 1984.


Attorney(s) appearing for the Case

Robert M. Strumor, Strumor & Gonzales, Santa Fe, for petitioners-appellees.

Sarah M. Singleton, Ann Yalman, Santa Fe, for respondents-appellants.


OPINION

WALTERS, Justice.

Sellers, under a real estate contract, brought an action against the buyers to recover title to and possession of the property which is at issue in this case. Following judgment for the vendors, defendant Sennie Martinez appealed, raising three issues: (1) whether delivery of the warranty deed was unconditional and, if so, whether the default provision of the real estate contract was merged into the warranty deed; (2) whether Sennie...

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