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MILLS v. SOUTHWEST BUILDERS, INC.

No. 6889.

374 P.2d 289 (1962)

70 N.M. 407

James R. MILLS, Plaintiff-Appellee and Cross-Appellant, v. SOUTHWEST BUILDERS, INC., a corporation, and Roland R. Bierner, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

August 30, 1962.

Attorney(s) appearing for the Case

W.C. Whatley, R.E. Riordan, Las Cruces, for appellant.

J.D. Weir, J.R. Crouch, Las Cruces, for appellees.

MOISE, Justice.

About 3:00 or 4:00 p.m. on January 12, 1957, Donald L. Lyles, having just purchased a second hand 1955 Buick sedan, picked up James R. Mills, the plaintiff-appellee, at his home in Las Cruces, to show off the car. Appellee got in the front seat of the car and Lyles then drove to the home of another friend, Lewis J. Braddi, who together with wife, Joyce, got into the back seat to go for a ride. Lyles, with his three passengers, proceeded to Sierra Drive...

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