(Download) "Poorbaugh V. Mullen" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Poorbaugh V. Mullen
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The issues on appeal are whether the Summary judgment was proper and whether the counterclaims should have been dismissed. We hold that both actions were in error. Summary judgment was improper because 1) there are genuine issues of material fact in dispute and 2) defendant is not collaterally estopped from litigating any of the issues by the final judgment in a prior lawsuit between Poorbaugh and the New Mexico Real Estate Commission. In addition the counterclaim for wrongful forfeiture states a proper cause of action.
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