Holmes v. Faycus

The circumstances out of which this appeal arose are as follows: The plaintiff on or about August 28, 1971 contacted the defendants seeking to rent a house owned by defendants and located in the Village of Corrales. On that date an oral lease was entered into the term of which was one of the issues litigated below. The plaintiffs took possession of the premises on September 1st and on September 29th the defendants served notice upon them that their lease would terminate on October 31, 1971. The plaintiffs filed suit on November 2, 1971 and simultaneously secured an ex parte order enjoining the defendants from "* * * removing or causing the removal of Plaintiffs. * * *" Plaintiffs complaint alleged fraud for inducing them to enter into a one year lease when defendants intended to evict them as soon as they had sold the house in which defendants were living. They prayed for actual and punitive damages, attorneys fees and "* * * [t]hat the Court declare and adjudicate the rights and interest of the parties."