SPRINGER GROUP, INC. v. WITTELSOHN

No. 19,236.

988 P.2d 1260 (1999)

128 N.M. 36

1999-NMCA-120

The SPRINGER GROUP, INC., Thomas J. Springer and Jeanine Springer, Plaintiffs-Appellants/Cross-Appellees, v. Lorraine WITTELSOHN and Henri Wittelsohn, Defendants-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

August 6, 1999.


Attorney(s) appearing for the Case

William J. Cooksey, Candyce L. Ferreri, Dubois, Cooksey & Bischoff, P.A., Albuquerque, for Appellants/Cross-Appellees.

Thomas C. Bird, James C. Jacobsen, Keleher & McLeod, P.A., Albuquerque, for Appellees/Cross-Appellants.


OPINION

BOSSON, J.

{1} In this suit, a homebuilder seeks damages for a buyer's breach of a home construction contract, and the holder of the note and mortgage on the construction financing seeks foreclosure. We affirm the trial court's decree of foreclosure, including interest accrued, to be paid from the foreclosure sale proceeds. However, we reverse, in part, because of restrictions imposed by the court on the builder's ability to execute upon its...

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