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DINKLE v. DENTON

No. 6615.

359 P.2d 345 (1961)

68 N.M. 108

C.E. DINKLE, as Trustee in Bankruptcy of J. Earl Denton and Raymond Griggs, d/b/a Denton and Griggs, a partnership, No. 2512 in Bankruptcy in the United States District Court for the District of New Mexico, Plaintiff-Appellee, v. Edwin T. DENTON, Defendant-Appellant.

Supreme Court of New Mexico.

February 1, 1961.

Attorney(s) appearing for the Case

Reese, McCormick, Lusk & Paine, Carlsbad, for appellant.

Dee C. Blythe, Clovis, George T. Harris, Jr., Daniel A. Sisk, Albuquerque, for appellee.

FRANK B. ZINN, District Judge.

This is an appeal from a judgment in the amount of $6,000 against appellant, who seeks reversal on several grounds: 1. that the judgment was excessive; 2. that the claim was released by a co-obligor; 3. denial of a tender of parol testimony to support a different construction of the contract; 4. that tender of proof of a set-off was refused.

Appellant, Edwin T. Denton, defendant in the District Court was sued by appellee, Dinkle...

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