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PETTINE v. ROGERS

No. 6317.

321 P.2d 638 (1958)

63 N.M. 457

Elmer PETTINE and Albert Pettine, doing business as Pettine Brothers, Plaintiffs-Appellees, v. Alfred E. ROGERS and Gertrude M. Rogers, Defendants-Appellants.

Supreme Court of New Mexico.

February 6, 1958.

Attorney(s) appearing for the Case

Dean S. Zinn, Santa Fe, for appellants.

Roberto L. Armijo, Las Vegas, for appellees.

McGHEE, Justice.

On May 29, 1954, the appellee filed suit against the appellant on a promissory note for construction work. On August 4, 1954, the appellant answered and counterclaimed for damages for faulty construction. On June 14, 1955, a partial judgment was rendered resolving the issues in the complaint but reserving the counterclaim for a trial on the merits. On September 19, 1956, the appellee moved for dismissal of the counterclaim with prejudice under 21...

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