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SMITH v. GALIO

No. 4349.

617 P.2d 1325 (1980)

95 N.M. 4

Leander L. SMITH, Jr., Plaintiff-Appellee and Cross-Appellant, v. Thomas C. GALIO, Individually, and Albuquerque Automotive Diagnostic Lane and Repair Center, Inc., a New Mexico Corporation, Defendants-Appellants and Cross-Appellees.

Court of Appeals of New Mexico.

September 23, 1980.

Attorney(s) appearing for the Case

Louis J. Vener, Vener & Co., Ltd., a Professional Corp., Albuquerque, for defendants-appellants and cross-appellees.

John M. Eaves, Jeffrey J. Dempsey, Eaves & Darling, P.A., Albuquerque, for plaintiff-appellee and cross-appellant.

OPINION

LOPEZ, Judge.

The defendants appeal a judgment which, in effect, grants Smith specific performance on an oral contract providing that Galio, owner of half of the shares of Albuquerque Automotive Lane and Repair Center, Inc., (hereafter Automotive) would buy out Smith the other shareholder, if Smith would allow Galio to manage the corporation. No claim is made that the judgment entered against both defendants is improper or that the court should not...

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