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VALLEY CHEVROLET CO. v. WHITAKER

No. 7926.

416 P.2d 154 (1966)

76 N.M. 488

VALLEY CHEVROLET CO., a corporation, Plaintiff-Appellee, v. Bob WHITAKER, Defendant-Appellant.

Supreme Court of New Mexico.

July 5, 1966.

Attorney(s) appearing for the Case

Osborn & Laughlin, Roswell, for appellant.

Sanders & Bruin, Roswell, for appellee.

OPINION

JOE W. WOOD, Judge, Court of Appeals.

This appeal is from a judgment in a replevin action. It raises one issue: at what point in time is the value of the property to be fixed under § 22-17-7, N.M.S.A. 1953?

Plaintiff and defendant entered a contingent sale agreement under which plaintiff would attempt to sell defendant's truck and dependent on the sale defendant would purchase two vehicles from plaintiff. Defendant obtained possession...

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