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CRUZAN v. FRANKLIN STORES CORPORATION

No. 7032.

380 P.2d 190 (1963)

72 N.M. 42

Easter CRUZAN and Claude M. Allison, Plaintiffs-Appellants, v. FRANKLIN STORES CORPORATION, a corporation, Karl's Shoe Stores, Ltd., a corporation, and Pauline U. Petchesky, Individually and as Executrix of the Estate of Barney W. Petchesky, Eugene U. Petchesky and Marian P. Silver, Defendants-Appellees.

Supreme Court of New Mexico.

March 26, 1963.

Attorney(s) appearing for the Case

Hervey, Dow & Hinkle, W. E. Bondurant, Jr., S. B. Christy IV, Harold L. Hensley, Jr., Roswell, for appellants.

Seth, Montgomery, Federici & Andrews, Santa Fe, for appellees Pauline U. Petchesky, executrix of the estate of Barney W. Petchesky, Eugene Petchesky and Marian Silver.

Atwood & Malone, Roswell, for appellee Karl's Shoe Stores, Ltd.

NOBLE, Justice.

Plaintiffs, Easter Cruzan and Claude M. Allison, appeal from a judgment of the district court denying damages for an alleged breach of covenants in a ten-year building lease for failure to (1) make repairs, and (2) return the premises in as good order and condition as when entered upon, ordinary wear excepted.

Plaintiff Cruzan leased a two-story building in down town Roswell, New Mexico to Franklin Stores Corporation (hereafter called Franklin...

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