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RUDOLPH v. GUY

No. 6070.

299 P.2d 462 (1956)

61 N.M. 284

Milnor A. RUDOLPH, Plaintiff, Ivan Davis and Charles Mayfield, Interveners, v. Everet V. GUY, Defendant, Cross-Complainant and Appellee, O.C. McCallister, Defendant, Cross-Defendant and Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 10, 1956.

Attorney(s) appearing for the Case

Marron & McRae, Joseph Phil Click, Albuquerque, for appellant.

Hannett, Hannett & Cornish, Albuquerque, for appellee.

COMPTON, Chief Justice.

This appeal is from a judgment awarding damages for breach of contract. Cross-complainant Guy and cross-defendant McCallister only are involved.

Initially, plaintiff Rudolph filed suit against both Guy and McCallister on an account. McCallister joined issue; Guy, after making certain admissions, cross-claimed against McCallister, in which he alleges that McCallister agreed to sell him three trucks for a consideration of $26,250 on time...

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