BROWN v. FINANCIAL SAV.

No. 20079.

828 P.2d 412 (1992)

113 N.M. 500

Jack E. BROWN and Cyril Wagner, Jr., Plaintiffs-Appellants and Cross-Appellees, v. FINANCIAL SAVINGS, a Texas corporation, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

April 3, 1992.


Attorney(s) appearing for the Case

Kemp, Smith, Duncan & Hammond, P.C., John P. Eastham, William Panagakos, Albuquerque, for appellants.

Butt, Thornton & Baehr, P.C., Rodney L. Schlagel, Emily A. Franke, Albuquerque, Newsom, Terry & Newsom, R. Kirk Newsom, Dallas, Tex., for appellee.


OPINION

FROST, Justice.

The motion for rehearing having been filed, the motion is hereby denied and the opinion filed March 5, 1992 is hereby withdrawn and this opinion filed this date is substituted.

The issue presented in this contract case is whether the relevant promissory note, deed of trust, and guaranty authorized the borrower, prior to maturity of the note, to tender real estate securing the note instead of currency to extinguish the obligation...

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