MITCHELL v. RIDGWAY

No. 8007.

421 P.2d 778 (1966)

77 N.M. 249

Edd MITCHELL, Plaintiff-Appellant, v. James Richard RIDGWAY, Defendant-Appellee.

Supreme Court of New Mexico.

December 19, 1966.


Attorney(s) appearing for the Case

Mack Easley, Robert F. Pyatt, Ray H. Potter, Hobbs, for appellant.

Neal & Neal, Hobbs, for appellee.


OPINION

E. T. HENSLEY, Jr., Chief Judge, Court of Appeals.

The plaintiff's second amended complaint sought to recover damages from the defendant. The defendant met the complaint with a motion to dismiss for failure to state a claim upon which relief could be granted. From a judgment sustaining the motion and dismissing all three counts of the complaint the plaintiff now appeals.

The admitted and stipulated facts disclosed that the plaintiff, in June...

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