Nichols v. Sefcik

66 N.M. 449 (1960)

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Nature of the Case

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Facts

Nichols and McReynolds (P) sought to recover a commission from D for producing a customer to buy the Circle S Motel. The action was dismissed at to McReynolds because he was not a licensed real estate broker. The case proceeded with Nichols. During the trial, a witness by the name of Hutchens was called to the stand to determine if there had ever been a listing in Nichols' real estate office. Hutchens denied the existence of a listing. On cross-examination, Hutchens also denied ever having talked to P other than a price quote of $300k was given by D for the price of the motel. No more questions were directed at Hutchens on cross-examination. P was called to the stand and wanted to testify about extensive conversations that he had had with Hutchens. P was denied that opportunity and was only permitted to say whether or not he had talked with Hutchens. P objected. D won the verdict and P appealed.