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ULIBARRI v. GEE

No. 17089.

748 P.2d 10 (1987)

106 N.M. 637

Henry ULIBARRI, Plaintiff-Appellee and Cross-Appellant, v. George GEE and Joan Z. Ball, individually and d/b/a Chama Realty, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 28, 1987.

Attorney(s) appearing for the Case

Miller & Wess, Hartley B. Wess, Albuquerque, for defendants-appellants and cross-appellees.

Montgomery & Andrews, Walter J. Melendres, James C. Murphy, Santa Fe, for plaintiff-appellee and cross-appellant.

OPINION

RANSOM, Justice.

Henry Ulibarri, a building contractor, undertook to construct a building for George Gee and Joan Ball (Chama Realty) and timely filed a lien in connection with work and materials supplied. Upon failure of Chama Realty to pay amounts due under the construction contracts, principally on a cost plus ten percent basis, Ulibarri filed suit for damages and to foreclose his lien. Chama Realty responded by denying any balance due and counterclaimed...

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