Peay v. Ortega

OPINION

FEDERICI, Chief Justice.

This action was brought in the District Court of Santa Fe County for specific performance of a real estate agreement and for damages. After two days of trial by jury, the jury was discharged and the case was tried by the judge. The judge entered judgment denying relief. Plaintiffs-appellants, Terry Peay (Peay), Erik Von Barnekow and Alexandra Von Barnekow (Von Barnekow) appeal. We reverse.

Pursuant to NMSA 1978, Civ.P. Rule 39(b) (Repl.Pamp.1980) and a stipulation between the parties, Peay and appellees-defendants Armand Ortega and Colleen Ortega (Ortegas), the…