MCCLURE V. FERNANDEZ, 1954-NMSC-015, 58 N.M. 132, 266 P.2d 370 (S. Ct. 1954)
McCLURE
vs.
FERNANDEZ et al.
No. 5701
SUPREME COURT OF NEW MEXICO
1954-NMSC-015, 58 N.M. 132, 266 P.2d 370
January 26, 1954
Action for specific performance of realty contract and for related relief. The District Court, Colfax County, Fred J. Federici, D.J., entered judgment for plaintiff, and one defendant appealed. The Supreme Court, Seymour, J., held that evidence was sufficient to sustain trial court's finding that plaintiff had actual notice of an unrecorded realty contract.
COUNSEL
Vigil & Adams, Trinidad, Colo., V. A. Doggett, Raton, for appellant.
William P. Kearns, Jr., Raton, for D. A. McClure.
John B. Wright, Raton, for Cristina M. Fernandez.
JUDGES
Seymour, Justice. McGhee,.C.J., and Sadler, Compton and Lujan, JJ., concur.
OPINION
{*132} {1} Appeal was from judgment of the district court granting to plaintiff specific performance of a real estate contract and related relief. The single question for review, as stated by appellant, is whether or not there existed substantial evidence to sustain the finding of the trial court to the effect that appellant had actual notice of an unrecorded real estate contract. The record contains ample evidence to sustain the finding. Since the facts of the case require no new or interesting application of the rule of law involved, a statement thereof of is omitted.
{2} Judgment of the trial court is affirmed.