NAUMBURG v. PATTISON

No. 15351.

711 P.2d 1387 (1985)

103 N.M. 649

Peter H. NAUMBURG and Haila H. Naumburg, husband and wife, Plaintiffs-Appellants, v. Buell N. PATTISON and Jean D. Pattison, husband and wife, Defendants-Appellees.

Supreme Court of New Mexico.

December 30, 1985.


Attorney(s) appearing for the Case

Simons, Cuddy & Friedman, Daniel H. Friedman, Santa Fe, for plaintiffs-appellants.

Garrett, Richards & Associates, David F. Richards, Clovis, for defendants-appellees.


OPINION

SOSA, Senior Justice.

Due to defendants' refusal to accept prepayment on a real estate contract, plaintiffs, relying on the Residential Home Loan Act (RHLA), sought a declaratory judgment, an injunction and damages. Defendants answered and brought a counterclaim seeking recission in the event the trial court declared plaintiffs' right to prepay. The trial court found that the RHLA did not apply; nevertheless, the court held that plaintiffs were entitled...

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