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STATE v. ELECTRIC CITY SUPPLY COMPANY

No. 7413.

393 P.2d 325 (1964)

74 N.M. 295

STATE of New Mexico for the Use and Benefit of PENNSYLVANIA TRANSFORMER DIVISION, McGRAW-EDISON COMPANY, a corporation, and Pennsylvania Transformer Division, McGraw-Edison Company, a corporation, Plaintiffs-Appellees, v. ELECTRIC CITY SUPPLY COMPANY, Inc., and American Casualty Company of Reading, Pennsylvania, Defendants-Appellants.

Supreme Court of New Mexico.

June 15, 1964.

Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellants.

Tansey, Wood, Rosebrough & Roberts, Farmington, for appellees.

COMPTON, Chief Justice.

This is an appeal from a judgment in favor of the plaintiff for the purchase price, plus interest and costs, of certain electrical equipment sold and delivered to the defendant, Electric City Supply Company, Inc., of Farmington, New Mexico.

For convenience the appellee will be referred to as materialman; the appellant, Electric City Supply Company, Inc., as contractor; and the appellant, American...

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