Leigh v. Hertzmark

OPINION

HENSLEY, Chief Judge, Court of Appeals.

In the trial court the plaintiff sought and recovered a judgrhent against the defendants in the sum of $1,863.36.

The cause of action arose out of certain negotiations and a contract whereby the defendants agreed t,o sell to the plaintiff thirty-two lots in an addition to the City of Albuquerque for the sum of $1,-850.00 per lot. The Purchase Agreement, or Binder, dated December 28, 1962, provided that “buyer to pay $1,850.00 per lot and buyer to assume water and sewer assessments at not more than $216.84 per lot. Seller to release eight lots in a…