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WOOD v. CUNNINGHAM

No. 25,015.

147 P.3d 1132 (2006)

2006-NMCA-139

Carmen WOOD and Action Oil Company, Inc., a New Mexico corporation, Plaintiffs-Appellants, v. Mary CUNNINGHAM, Personal Representative of the Estate of John Cunningham, Johnny Cunningham, d/b/a R & J Enterprises, and Mary Cunningham, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 13, 2006.

Attorney(s) appearing for the Case

Atkinson & Kelsey, P.A., Thomas C. Montoya, Albuquerque, NM, for Appellants.

Miller, Stratvert, P.A., J. Scott Hall, Joseph L. Romero, Santa Fe, NM, for Appellees.

Certiorari Denied, No. 30,038, November 13, 2006.

OPINION

VIGIL, Judge.

{1} This case involves the Seller's attempt to rescind a Purchase and Sale Agreement under which Seller's interests in oil and gas leases located on the Navajo Nation were sold to Buyer. The Plaintiffs are the Seller (and its principal) and Defendants are the Buyer (and its assigns). Seller alleged: (1) that a condition precedent to the effectiveness of the Agreement...

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