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SOUTH SECOND LIVESTOCK AUCTION, INC. v. ROBERTS

No. 6901.

364 P.2d 859 (1961)

69 N.M. 155

SOUTH SECOND LIVESTOCK AUCTION, INC., a Corporation, Plaintiff-Appellee, v. Audie ROBERTS, Defendant-Appellant.

Supreme Court of New Mexico.

September 12, 1961.

Attorney(s) appearing for the Case

Seth, Montgomery, Federici & Andrews, Santa Fe, for appellant.

Dale B. Dilts, Albuquerque, for appellee.

COMPTON, Chief Justice.

This action was commenced in the District Court of Bernalillo County, New Mexico, by plaintiff to recover from Audie Roberts and Claude Lowery, defendants, the value of three checks drawn by the defendant Lowery and issued to plaintiff but remaining unpaid. The case came to trial on plaintiff's complaint containing two counts. Count I related to a partnership relationship between the two defendants, Lowery and Roberts, and Count II alleged...

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