SILVA v. NOBLE

No. 9661.

515 P.2d 1281 (1973)

85 N.M. 677

Joe E. SILVA, Plaintiff-Appellee, v. Jimmy D. NOBLE, Defendant-Appellant.

Supreme Court of New Mexico.

November 2, 1973.


Attorney(s) appearing for the Case

Johnson, Paulantis, Lanphere & Monroe, James T. Paulantis, Albuquerque, for appellant.

Brandenburg, Ramming & Brandenburg, Taos, for appellee.


OPINION

MONTOYA, Justice.

This action was brought in the District Court of Taos County, New Mexico, to recover $5,000 paid on the purchase price of an automatic car wash. It was alleged that fraudulent conduct and misrepresentation of defendant-appellant (appellant) induced plaintiff-appellee (appellee) to enter into the agreement to purchase the car wash.

Appellant answered admitting receipt of the $5,000 and alleged a balance of $8,000 remaining...

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