Barber's Super Markets, Inc. v. Stryker
Decision Date | 20 February 1970 |
Docket Number | No. 8852,8852 |
Citation | 1970 NMSC 27,465 P.2d 284,81 N.M. 227 |
Parties | BARBER'S SUPER MARKETS, INC., a New Mexico Corporation, Plaintiff- Appellant, v. Robert L. STRYKER, Stryker Realty Inc., I. E. Shahan, Wendel Owen and Owen & Asscoaites, Inc., Defendants-Appellees. |
Court | New Mexico Supreme Court |
The plaintiff, Barber's Super Markets, Inc., appeals from summary judgment granted the defendants, I. E. Shahan, Wendel Owen, and Owen & Associates, Inc. The motion was based upon the pleadings and depositions. The record does not disclose the disposition, if any, made of the issues concerning the defendants, Robert L. Stryker and Stryker Realty, Inc. However, the order here appealed was entered and made final in accord with Rule 54(b) (§ 21--1--1(54)(b), N.M.S.A.1953).
The action is for equitable relief. Plaintiff alleges fraudulent conspiracy and breach of fiduciary duty by the named defendants acting in concert with Stryker Realty, Inc., and Robert L. Stryker, individually, in the purchase by appellant of land for a super market. The plaintiff purchased the property for $275,000.00 and alleges that the defendants while acting as its agent made a secret profit of $125,000.00 from the sale of the property to the plaintiff.
The evidence discloses that appellant through J. C. Horn, its president, engaged Stryker Realty, Inc. to negotiate for the property in question. Wanda Hyatt, agent and saleswoman for Stryker Realty, Inc., began negotiations in April, 1967, with Horn who was interested in purchasing a portion of the particular tract involved for a super market. Horn instructed her to ascertain the price of the tract and other pertinent information. There was considerable correspondence and numerous phone calls passed between them concerning the size of the tract the owner was willing to sell, the price of the tract, questions of zoning, paving, curbs, gutters, etc. The owner of the tract was a Mrs. Chisholm, whose name was not then disclosed to appellant. While these negotiations were pending, Shahan, also a licensed real estate salesman with Stryker Realty, Inc., bought the property involved from the owner for a consideration of $150,000.00, taking the title in the name of Owen & Associates, Inc. Owen & Associates, Inc. then sold the property to appellant for $275,000.00. Wendel Owen, a relative of Shahan's wife, is president of Owen & Associates, Inc. and owns 20% of its stock; Shahan owns 80% of its stock through his wholly owned corporation, Cable Capital Corporation.
The witness, Wanda Hyatt, stated in her deposition that she talked with Shahan about Horn's interest in the property in the latter part of April of first part of May. She also stated that subsequently there were conversations between Stryker and Shahan concerning the property and appellant's interest in buying it, from which she was excluded. She stated further that Stryker had specifically instructed her not to contact the owner of the property, Mrs. Chisholm, but to let him deal with her. The witness also testified that Shahan assured her that if he bought it Horn could purchase the property necessary for the super market at the price quoted by her to Horn.
Shahan claims to have terminated his relationship as salesman for Stryker on May 1, 1967. On that date he moved his desk from the office used by all of Stryker's salesmen to a separate office in the same building accessible only through that common office. Neither he nor...
To continue reading
Request your trial-
Kelly v. Montoya
...as a matter of law. * * * The burden is not on the opposing party to prove a prima facie case. * * *' Barber's Super Markets, Inc. v. Stryker, 81 N.M. 227, 465 P.2d 284 (1970). Plaintiff did not have the burden in the summary judgment proceeding. O'Connor, and the other three defendants, di......
-
Ellingwood v. N.N. Investors Life Ins. Co., Inc.
...depositions, and admissions, if any, in a light most favorable to Ellingwood's claims. Barber's Super Markets, Inc. v. Stryker, 81 N.M. 227, 229, 465 P.2d 284, 286 (1970); Wheeler v. Board of County Comm'rs, 74 N.M. 165, 171, 391 P.2d 664, 668 (1964). The party opposing the motion is to be ......
-
Barber's Super Markets, Inc. v. Stryker
...confusion, defendants Owen and Owen & Associates, Inc. are included when reference is made to 'Shahan.' See Barber's Super Markets, Inc. v. Stryker, 81 N.M. 227, 465 P.2d 284 (1970). The property involved consisted of approximately 18 acres of vacant land in Las Cruces originally owned by C......
-
Fischer v. Mascarenas
...equally logical but conflicting inferences can be drawn from the facts, summary judgment should be denied. Barber's Super Markets, Inc. v. Stryker, 81 N.M. 227, 465 P.2d 284 (1970); Ute Park Summer Homes Ass'n v. Maxwell Land Gr. Co., 77 N.M. 730, 427 P.2d 249 (1967); Hewitt-Robins, Inc. v.......