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BROWN v. TAYLOR

No. 21879.

901 P.2d 720 (1995)

120 N.M. 302

Joe W. BROWN, Plaintiff-Appellant, v. Jody TAYLOR, d/b/a Taylor Oil Company, and Taylor Oil Company, Inc., Defendants-Appellees.

Supreme Court of New Mexico.

July 19, 1995.

Attorney(s) appearing for the Case

Payne & Klipstine, James W. Klipstine, Lovington, for appellant.

Gary Don Reagan, P.A., Gary Don Reagan, Mark Terrence Sanchez, Hobbs, for appellees.

OPINION

FRANCHINI, Justice.

This case concerns a lessor's attempt to terminate a lease for breach of two conditions in the lease: that no permanent structures be built on the property and that the lessee obtain written consent of the lessor to any sublease. The lessor had been aware of the existence of structures and subleases for at least twelve years prior to bringing his claims against the lessee. The...

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