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MAULHARDT v. J.D. COGGINS COMPANY

No. 5918.

288 P.2d 1073 (1955)

60 N.M. 175

Robert MAULHARDT, John Maulhardt, Richard Maulhardt, Marie Maulhardt Miner and Alma Maulhardt Murphy, co-partners, d/b/a L.G. Maulhardt Equipment Company, Plaintiffs-Appellants, v. J.D. COGGINS COMPANY, a New Mexico Corporation, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied November 2, 1955.

Attorney(s) appearing for the Case

McAtee & Toulouse, Albuquerque, for appellants.

Irwin S. Moise, Lewis R. Sutin, Albuquerque, for appellee.

PER CURIAM.

Upon consideration of motion for rehearing, the original opinion is withdrawn and the followng substituted therefor.

Opinion

COMPTON, Chief Justice.

This is an action in replevin to recover possession of a tractor allegedly detained by appellee unlawfully, or its value, and for damages for its unlawful detention. The complaint charges that on the 20th day of June, 1952, appellants sold the

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