New Mexico Supreme Court
678 P.2d 1163 (1984)
In February 1970, Delfino and Eleanor Martinez (sellers) (plaintiffs) sold their home to Carlos and Sennie Martinez (buyers) (defendants). Under the terms of the contract, the buyers assumed the sellers’ mortgage on the property. When the sellers delivered the deed to the buyers, they orally instructed the buyers to forward the deed to the mortgagee, Southwest Savings and Loan Association (Southwest). Southwest was to hold the deed in escrow until the buyers paid the mortgage in full. In 1980, the buyers defaulted on the mortgage payments. The sellers cured the default and asserted that, under the terms of the contract, the property was to revert back to them because of the default. Carlos reconveyed his interest in the property, but Sennie did not. The sellers brought suit to recover title. The trial court held that transfer of title to the buyers had been conditioned upon full satisfaction of the mortgage and found in favor of the sellers.
Rule of Law
Holding and Reasoning (Walters, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.