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BROWN v. VILLAGE OF DEMING

No. 5458.

243 P.2d 609 (1952)

56 N.M. 302

BROWN v. VILLAGE OF DEMING.

Supreme Court of New Mexico.

April 23, 1952.

Attorney(s) appearing for the Case

Bert E. Newland, John F. Schaber, Deming, J. R. Wrinkle, Silver City, for appellant and cross-appellee.

Sherman & Hughes, Deming, Garland & Sanders, Las Cruces, for appellee and cross-appellant.

McGHEE, Justice.

This is the first case we have had where a plaintiff has availed himself of the provisions of Rule 18(a), 1941 Comp. § 19-101, and joined in a complaint a count for damages occasioned by a breach of warranty and another for tort. May the repose of the souls of Blackstone, Kent, Chitty, Sutherland and Bliss be not too long disturbed by what has happened here.

The Count for Breach of Warranty

In 1948 the defendant purchased a...

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