L. & B. EQUIPMENT COMPANY v. McDONALD

No. 5804.

275 P.2d 639 (1954)

58 N.M. 709

L. & B. EQUIPMENT COMPANY, a co-partnership, Plaintiff-Appellee, v. L.D. McDONALD, Defendant-Appellant.

Supreme Court of New Mexico.

October 18, 1954.


Attorney(s) appearing for the Case

I. M. Smalley, Deming, for appellant.

Sherman & Hughes, Deming, for appellee.


SEYMOUR, Justice.

Appellee sued appellant for $2500 damages allegedly arising from appellant's refusal to accept delivery of a truck chassis ordered by appellant from appellee for use on appellant's school bus. Prior to trial and in mitigation of damages, appellee sold the chassis to a third party for $1500. Trial before the court without a jury resulted in judgment for appellee of $750, from which judgment this appeal is taken.

Briefly the facts are these...

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