C. B. & T. Co. v. Hefner

OPINION

WOOD, Judge.

Plaintiff contracted to sell and defendants contracted to buy certain real and personal property. The contract did not expressly refer to a working interest in a producing gas well. On the basis that the working interest was conveyed, because not expressly reserved, defendants demanded that plaintiff turn over runs from the well. See Sachs v. Board of Trustees, etc., 89 N.M. 712, 557 P.2d 209 (1976). Plaintiff refused and sued seeking rescission of the contract or alternative relief. Defendants’ counterclaim included a claim for conversion; thus, this court’s jurisdiction.…