Legal Opinion

Merrill v. Klein

New Mexico Supreme Court

Decided May 20, 1947No. 5009PublishedCited by 5 opinions

1Opinion of the Court

McGHEE, Justice.

This is an appeal from a judgment holding that the defendant was guilty of an unlawful detainer. We will refer to the parties as they appeared in the trial court.

On May 15, 1925, Mrs. Dave Stockton, mother of the plaintiff, leased the property involved herein to J. L. McDermott for 5 years, with a provision that part of the rent was to be paid to the First National Bank of Raton to apply on indebtedness owing for improvements made on the lot.

The lease provided:

“Said Second party shall be permitted and required .to assign his right, title and interest in this lease to The First…

2Cases cited3 opinions

  1. Webster v. NicholsIllinois Supreme Court · 1882
  2. Otero v. City of AlbuquerqueNew Mexico Supreme Court · 1916
  3. Maniatty v. Carroll Co.Supreme Court of Vermont · 1945

3Cited by5 opinions

  1. Burke v. Permian Ford-Lincoln-MercuryNew Mexico Supreme Court · 1981
  2. L. R. Property Management, Inc. v. GrebeNew Mexico Supreme Court · 1981
  3. Chessport Millworks, Inc. v. SolieNew Mexico Court of Appeals · 1974
  4. Baker v. StorieNew Mexico Supreme Court · 1960
  5. Chessport Millworks, Inc. v. SolieNew Mexico Court of Appeals · 1974

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