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OSTROWSKI v. BARBER

No. 18,395.

967 P.2d 859 (1998)

126 N.M. 184

1998-NMCA-168

Stephen OSTROWSKI & Catherine Ostrowski, Plaintiffs-Appellants, v. David BARBER & Ravonna Barber, Defendants-Appellees.

Court of Appeals of New Mexico.

October 6, 1998.

Attorney(s) appearing for the Case

Thomas F. Hooker, Jr., Thomas F. Hooker, Jr. & Associates, Albuquerque, for Appellants.

Sylvain Segal, Segal & Soifer, LLP, Albuquerque, for Appellees.

OPINION

ARMIJO, J.

{1} Stephen and Catherine Ostrowski (Purchasers) and David and Ravonna Barber (Sellers) entered into a real estate contract which provided, in part, that Purchasers make payments to an escrow agent who in turn was instructed to forward payment to Troy & Nichols Mortgage Co. on account of a mortgage debt in Sellers' name. The contract also provided that the Purchasers, within the first year of the signing of the contract, would either...

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