GILMORE v. BALDWIN

No. 5836.

278 P.2d 790 (1955)

59 N.M. 51

Daryl GILMORE, Plaintiff-Appellant, v. W.E. BALDWIN, Sr., Defendant-Appellee.

Supreme Court of New Mexico.

January 6, 1955.


Attorney(s) appearing for the Case

J. Benson Newell, Las Cruces, for appellant.

Shipley & Seller, Alamogordo, for appellee.


KIKER, Justice.

By his complaint, plaintiff sought damages for breach of contract. For answer, defendant asserted that the complaint failed to state a claim upon which relief could be granted, and denied generally the facts alleged in the complaint.

Because of that which follows herein, it is unnecessary to make any statement as to the facts at issue.

At a trial to the court without a jury, plaintiff presented his evidence and rested. Thereupon defendant...

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