Mitchell v. Allison

BRICE, Chief Justice.

This is the second appeal of this case. 51 N.M. 315, 183 P.2d 847. The trial court in the original action dismissed the complaint upon the ground that it stated no cause of action.

The complaint stated in substance, as follows:

The defendant is a real estate broker. During the month of June, 1945, plaintiff was “approached by defendant Allison with reference to buying said property” (the property in suit) from the owner, who resided in California.' The plaintiff advised the defendant that he would buy it for $3 per acre “and after further conference, defendant offered to…