Archuleta v. Velasquez

COMPTON, Chief Justice.

This is an appeal from a judgment denying relief on the ground of mistake. On April 9,1951, appellant’s intestate, Theodoro Archuleta, and appellee Santiago Velasquez, entered into a contract whereby Archuleta agreed to convey to Velasquez the surface rights only to approximately 127 acres of land in San Juan County. Section 13 of the contract reads:

“13. It is understood and agreed that, coincident herewith the Owner has executed a good and sufficient warranty deed conveying the above described premises to the Purchaser, which said deed, together with a copy hereof,…