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SCOTT v. NEWSOM

No. 7415.

394 P.2d 253 (1964)

74 N.M. 399

Heyward SCOTT and Teresa D. Scott, Plaintiffs-Appellees, v. Robert N. NEWSOM, Ralph Pool, d/b/a Albuquerque Auto Sales, and Albuquerque Auto Sales, Inc., a New Mexico Corporation, Defendants-Appellants. ALBUQUERQUE AUTO SALES, INC., Intervenor-Appellant, v. Heyward SCOTT and Teresa D. Scott, New Party Defendants-Appellees.

Supreme Court of New Mexico.

July 20, 1964.

Attorney(s) appearing for the Case

Key & May, Albuquerque, for appellants.

Adams & Pongetti, Albuquerque, for appellees.

CHAVEZ, Justice.

On June 3, 1959, plaintiff Heyward Scott filed a complaint in two counts against "Ralph Poole, d/b/a Albuquerque Auto Sales." The first count was for breach of warranty in that the defendant warranted that said automobile was free from defects in material and workmanship, whereas said vehicle turned out to be defective. The second count alleged that the defendant fraudulently represented that the automobile purchased was a road-tested car. On July...

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