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HOGGARD v. CITY OF CARLSBAD

No. 15952.

909 P.2d 726 (1995)

121 N.M. 166

William Z. HOGGARD d/b/a Phoenix Amusements, Plaintiff-Appellee, v. The CITY OF CARLSBAD through its Mayor, Robert FORREST, et al., Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied January 10, 1996.

Attorney(s) appearing for the Case

James W. Klipstine, Jr., Payne & Klipstine, P.A., Lovington, for Plaintiff-Appellee.

B.G. Davis, Rosenberg & Davis, Carlsbad and Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, for Defendants-Appellants.

OPINION

BOSSON, Judge.

1. The City of Carlsbad appeals from an adverse jury verdict for breach of contract in the sum of $456,000. Plaintiff sued the City for allegedly repudiating its contractual obligations to Plaintiff and thereby committing an anticipatory breach of that contract. The primary question on appeal is whether the evidence introduced by Plaintiff to establish repudiation was sufficient to create an issue of fact for the jury. We hold...

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