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MITCHELL v. INTERMOUNTAIN CASUALTY COMPANY

No. 6841.

364 P.2d 856 (1961)

69 N.M. 150

Edgar L. (Roy) MITCHELL and Beadie Mitchell, Plaintiffs-Appellees, v. INTERMOUNTAIN CASUALTY COMPANY and Western Acceptance Corporation, foreign corporations, Defendants-Appellants.

Supreme Court of New Mexico.

September 15, 1961.

Attorney(s) appearing for the Case

Reed L. Frost, Tansey & Rosebrough, Farmington, for appellants.

Edward M. Campbell, Farmington, for appellees.

NOBLE, Justice.

Edgar L. Mitchell and his wife filed suit against Intermountain Casualty Company alleging breach of an insurance contract covering physical damage to a 1957 Pontiac automobile. Plaintiff alleged the automobile was a total loss as a result of being caught in a flash flood and that the insurance company had breached its contract by refusal to replace the automobile or pay the plaintiffs the value of said automobile. A motion to dismiss was sustained...

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