[Download] "Forrest Currell Lumber Co. V. Thomas" by New Mexico Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Forrest Currell Lumber Co. V. Thomas
• Author : New Mexico Supreme Court
• Release Date : January 09, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiff-Appellee Forrest Currell Lumber Company, brought suit against defendants-appellants Sam Thomas and Beatrice B. Thomas for a judgment on a note and foreclosure of a mortgage on appellants' motel. Appellants admitted the note and mortgage but claimed a breach of the motel construction contract from which the note and mortgage arose and filed a counterclaim for damages. Intervenor-appellee Standard Life and Accident Insurance Company filed a suit for judgment on their note and foreclosure of the second mortgage given by appellants on the motel. In answer to the intervenor, appellants filed affirmative defenses of failure of consideration, failure to give credit for payments, and illegality and invalidity of the note and mortgage. In addition, a counterclaim was failed against the intervenor for usury and for illegal and excessive brokerage fees. The usury claim has been considered and found to be without merit. The cause was tried to the court, and judgment was entered against appellants in favor of both appellees.

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