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P.S.G. LTD. v. AUGUST INCOME/GROWTH FUND

No. 20431.

855 P.2d 1043 (1993)

115 N.M. 579

P.S.G. LIMITED PARTNERSHIP, a New Mexico limited partnership, Cross-Plaintiff-Appellant, v. AUGUST INCOME/GROWTH FUND VII, a california limited partnership, et al., Cross-Defendants-Appellees, and P.S.G. LIMITED PARTNERSHIP, a New Mexico limited partnership, Third-Party-Plaintiff-Appellant, v. AUGUST FINANCIAL PARTNERS, August Management, Inc., a California corporation, et al., Third-Party-Defendants-Appellees.

Supreme Court of New Mexico.

June 14, 1993.

Attorney(s) appearing for the Case

Crider, Calvert & Bingham, P.C., David G. Reynolds, Albuquerque, Hatch, Allen & Shepherd, P.A., Steven S. Scholl, Albuquerque, for August Income Growth Fund VII.

Modrall, Sperling, Roehl, Harris & Sisk, Martha Brown, Kenneth L. Harrigan, Albuquerque, for August Management, Inc.

Irell & Manella, Sheldon Eisenberg, Paul T. Tsuchiya, Los Angeles, CA, for August Management, Inc.

OPINION

RANSOM, Chief Justice.

On motion of P.S.G. Limited Partnership, we granted this interlocutory appeal, see SCRA 1986, 12-203, to decide the extent of damages PSG as successor lessor may recover as liquidated, contractual damages against sublessees of property on which the Radisson Inn was constructed in Albuquerque.

In 1980, PSG's predecessor in interest, Ever Ready Oil Company, leased its property to Gary Willey, doing business as...

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