[DOWNLOAD] "Hueschen v. Stalie" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free

eBook details

Title: Hueschen v. Stalie
Author : New Mexico Supreme Court
Release Date : January 30, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

Salvador and Olive Dantoni (Dantoni) sold land to Richard and Leslie Stalie (Stalie) under a real estate contract that prohibited the selling or assigning of the contract without refinancing. A year later, Stalie "leased" the land to Richard Hueschen and Denise Despres (Hueschen/Despres). Dantoni, alleging that in actuality the "lease" was an assignment of the real estate contract, brought an action for breach of contract and foreclosure against Stalie and Hueschen/Despres. Stalie was served with the complaint; however, a default judgment was entered because they failed to answer. Hueschen/Despres answered the complaint, counterclaimed and answered the interrogatories submitted by Dantoni. Thereafter, Dantoni filed a motion for summary judgment. The trial court granted the summary judgment finding that as a matter of law the lease constituted an assignment or sale of the disputed property. Hueschen/Despres applied for and were granted an interlocutory appeal. The Court of Appeals affirmed the trial court. We granted certiorari, and we reverse the Court of Appeals.