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BLOOM v. HENDRICKS

No. 18910.

804 P.2d 1069 (1991)

111 N.M. 250

Mary Lou BLOOM and Kenneth D. Bloom, her husband, and Harry J. Schofield and Carol Schofield, his wife, Plaintiffs-Appellants, v. James C. HENDRICKS and Constance Hendricks, his wife, James C. Hendricks, Jr. and Rebecca L. Hendricks, his wife, Debra Hendricks Larowe and Keith Larowe, her husband, and James Hendricks, Personal Representative of the Estate of P.B. Hendricks and Frances Hendricks, Defendants-Appellees.

Supreme Court of New Mexico.

January 14, 1991.

Attorney(s) appearing for the Case

Civerolo, Hansen & Wolf, Peter V. Domenici, Jr., Albuquerque, for plaintiffs-appellants.

S. Thomas Overstreet, Alamogordo, for defendants-appellees.

OPINION

RANSOM, Justice.

The grantees of a tract of land sued the grantors for breach of warranty covenants to appear and defend fee simple title against "the lawful claims and demands of all persons." Plaintiffs also claimed the grantors made collateral negligent misrepresentations that the use of a certain roadway by adjacent property owners was permissive and would cease upon request. As discussed below, we do not deem the misrepresentation claim to be...

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