BANES AGENCY v. CHINO

No. 5945.

291 P.2d 328 (1955)

60 N.M. 297

The BANES AGENCY, A Partnership, Plaintiff-Appellee, v. Lawrence A. CHINO and Roy Gallaher, d/b/a Gallaher Used Cars, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 16, 1955.


Attorney(s) appearing for the Case

McAtee & Toulouse, Albuquerque, for appellants.

Gallagher & Walker, Albuquerque, for appellee.


SADLER, Justice.

The defendant Gallaher, as appellant before this Court, complains of a judgment against him in plaintiff's favor in an action growing out of a transaction whereby the plaintiff as assignee of a note and chattel mortgage, given as a part of the purchase price of an automobile later traded in to defendant for another car, and as a part of the latter purchase the defendant promised the purchaser to pay off the balance unpaid to plaintiff on the first...

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