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TYNER v. DiPAOLO

No. 7798.

416 P.2d 150 (1966)

76 N.M. 483

Roy V. TYNER, Plaintiff-Appellant, v. Jack DiPAOLO, d/b/a "d" construction Company, Personally and as a Partner In and Manager of the "d" construction Company, A Partnership, O.O. Barnes and William McCarty, Defendants-Appellees.

Supreme Court of New Mexico.

July 5, 1966.

Attorney(s) appearing for the Case

James M.H. Cullender, Roswell, for appellant.

Jack Underwood, Ruidoso, for appellees.

OPINION

CHAVEZ, Justice.

Defendant-appellee Jack DiPaolo was the prime contractor for the installation of a water-works system for the village of Ruidoso Downs. He and plaintiff-appellant entered into a written contract whereby appellant was to perform services and supply materials as a subcontractor.

On June 12, 1963, plaintiff-appellant Roy V. Tyner stopped work on the project and he later filed this action to recover payment for work performed...

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