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YOAKUM v. WESTERN CASUALTY AND SURETY COMPANY

No. 7598.

407 P.2d 367 (1965)

75 N.M. 529

J.C. YOAKUM, Plaintiff-Appellee and Cross-Appellee, v. WESTERN CASUALTY AND SURETY COMPANY, A CORPORATION, Defendant-Appellant, AND SANTA FE NATIONAL BANK, A CORPORATION, Defendant-Appellee AND CROSS-Appellant.

Supreme Court of New Mexico.

November 1, 1965.

Attorney(s) appearing for the Case

Palmer & Frost, Farmington, for plaintiff-appellee.

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Mary C. Walters, Albuquerque, for defendant-appellant.

Seth, Montgomery, Federici & Andrews, Fred C. Hannahs, Santa Fe, for defendant-appellee.

MOISE, Justice.

On April 2, 1962, Jones Motor Company, a corporation, hereinafter referred to as Jones, was operating a new and used car business in Albuquerque. On that date plaintiff purchased a Ford pick-up truck and camper for $2,418.95 cash and received possession thereof with assurances that a clear certificate of title would be delivered in due course.

This never came to pass because, as was subsequently determined, title to the pick-up truck stood...

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