DOWALIBY v. FLEMING

No. 6847.

364 P.2d 126 (1961)

69 N.M. 60

James M. DOWALIBY, Plaintiff-Appellee, v. Glen FLEMING, Defendant-Appellant.

Supreme Court of New Mexico.

August 17, 1961.


Attorney(s) appearing for the Case

George L. Zimmerman, Alamogordo, for appellant.

George E. Ward, Roswell, for appellee.


NOBLE, Justice.

Action was brought in the district court of Chaves County to recover $1,599.72 on account of loans and advances by plaintiff to defendant. The trial court found the issues generally in favor of plaintiff and, after allowing a setoff of $342 for unpaid wages, granted judgment for plaintiff in the sum of $1,257.72 from which defendant appeals.

Defendant, as a special defense, alleged an oral agreement by which he, as a tenant occupying a house...

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