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FIRST NAT. BANK IN ALBUQUERQUE v. SANCHEZ

No. 18236.

815 P.2d 613 (1991)

FIRST NATIONAL BANK IN ALBUQUERQUE, Plaintiff-Appellant and Cross-Appellee, v. Pat SANCHEZ, and Susan Sanchez, husband and wife, d/b/a p-s construction Company, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

July 9, 1991.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Robert M. St. John, Bruce Hall, Jo Saxton Brayer, Albuquerque, for plaintiff-appellant and cross-appellee.

Peter Everett, IV, Albuquerque, for defendants-appellees and cross-appellants.

OPINION

RANSOM, Justice.

The First National Bank in Albuquerque appeals from a judgment awarding damages to counterclaimants in the bank's action to collect a promissory note. The bank's collection action had been resolved by a stipulated judgment in its favor for the principal balance owing on the promissory note ($342,080), plus interest, and foreclosure on undeveloped lots securing the debt. First National waived any deficiency judgment. Pat and Susan...

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