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McKINNEY v. SMITH

No. 6313.

322 P.2d 110 (1958)

63 N.M. 477

John J. McKINNEY and Dorothy McKinney, his wife, Plaintiffs-Appellants, v. C.B. SMITH, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied March 12, 1958.

Attorney(s) appearing for the Case

L.J. Maveety, Las Cruces, for appellants.

Dan Sosa, Jr., Glenn B. Neumeyer, Las Cruces, for appellee.

LUJAN, Chief Justice.

This is an action for damages for an alleged breach of a building contract. Upon the issues being joined the cause was tried to a jury, resulting in the following verdict returned in open court:

"We, the jury find the issues in favor of the plaintiffs and assess their damages at $1500.00. Dated June 19, 1957. Joe Jackovich-Foreman."

Prior to rendering the above verdict the foreman of the jury requested permission of the court...

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