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SIMMONS v. PLUMMER

No. 15813.

902 P.2d 1084 (1995)

120 N.M. 481

Arnold E. SIMMONS, Plaintiff-Appellee, v. Floyd PLUMMER and W.E. Darden, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied September 1, 1995.

Attorney(s) appearing for the Case

Charles E. Hawthorne, Hawthorne & Hawthorne, P.A., Ruidoso, for plaintiff-appellee.

Andrew J. Cloutier, Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, for defendants-appellants.

OPINION

HARTZ, Judge.

Defendants promised to pay Plaintiff a commission if he found a buyer for their interest in a race horse. Plaintiff found a prospective buyer, who entered into a purchase agreement with Defendants. The sale was subject to the condition that a third party not exercise his right of first refusal to acquire Defendants' interest. When the third party exercised his right, Defendants refused to pay Plaintiff a commission. Plaintiff...

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