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C.R. ANTHONY CO. v. LORETTO MALL PARTNERS

No. 19490.

817 P.2d 238 (1991)

112 N.M. 504

C.R. ANTHONY COMPANY, an Oklahoma corporation, Plaintiff-Appellee, v. LORETTO MALL PARTNERS, Defendant-Appellee, v. DARTFORD COMPANY, N.V., Defendant-Appellant, and Intershop HFA Management USA Company, Defendant-Cross-Appellant.

Supreme Court of New Mexico.

August 9, 1991.

Attorney(s) appearing for the Case

Poole, Kelly & Ramo, Keith S. Burn, Albuquerque, for appellant Dartford Co.

Kemp, Smith, Duncan & Hammond, Ken Coffman, El Paso, Tex., for cross-appellant Intershop HFA.

Modrall, Sperling, Roehl, Harris & Sisk, Janet R. Braziel, Walter Hart, Albuquerque, for appellee C.R. Anthony Co.

Lloyd O. Bates, Jr. Law Firm, Kyle Gesswein, Las Cruces, for appellee Loretto Mall Partners.

OPINION

RANSOM, Justice.

This is a suit to recover excess rent claimed to have been paid under an amendment to a lease of retail space in a Las Cruces shopping mall. It was brought by C.R. Anthony Company (Anthony's) against its landlord, Loretto Mall Partners, and against Dartford Company, N.V. Anthony's originally negotiated and concluded the lease amendment with Dartford in 1982. Loretto purchased the shopping mall

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