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FAMIGLIETTA v. IVIE-MILLER ENTERPRISES

No. 17922.

966 P.2d 777 (1998)

126 N.M. 69

1998-NMCA-155

Michael FAMIGLIETTA and Frances Famiglietta, Husband and Wife, Plaintiffs-Appellees/Cross-Appellants, v. IVIE-MILLER ENTERPRISES, INC.,Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 13, 1998.

Attorney(s) appearing for the Case

Roger Moore, Law Office of Roger Moore, Albuquerque, for Appellees/Cross-Appellants.

Michael L. Danoff, Albuquerque, for Appellant/Cross-Appellee.

OPINION

FLORES, Judge.

{1} This case involves the sale of a tortilla chip distributorship business. Michael and Frances Famiglietta (Sellers) entered into an agreement to sell the distributorship to Ivie-Miller Enterprises, Inc. (Buyer). Sellers filed a complaint against Buyer alleging that Buyer breached the contract by failing to pay installment payments due under the contract and promissory note that was executed at the time the business was purchased...

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