Ott v. Keller

OPINION

SUTIN, Judge.

Defendants appeal from a judgment based upon a claim of unlawful detainer and eviction brought by plaintiffs against defendants. We reverse.

A. Findings of Fact and Conclusions of Law

The trial court found:

On October 10,1975, plaintiffs, as owners, and defendants, as purchasers, entered into a real estate contract for the purchase of plaintiffs’ residence in Albuquerque, New Mexico. The pertinent parts of the contract are:(1) The purchase price was $46,000.00. Defendants assumed and agreed to pay a mortgage held by the Albuquerque Federal Savings and Loan Association.…