MILLER v. GOLDEN W. MOTEL

No. 8209.

428 P.2d 655 (1967)

78 N.M. 116

B.H. MILLER, Sr., and Katie M. Miller, his wife, Plaintiffs-Appellees, v. GOLDEN W. MOTEL, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied June 20, 1967.


Attorney(s) appearing for the Case

Atwood & Malone, Bob F. Turner, Roswell, Touchstone & Sampels, Dallas, Tex., for appellant.

Wesley Quinn, David W. Bonem, Clovis, for appellees.


OPINION

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

This is an appeal from a judgment in favor of the plaintiffs in an action to recover a judgment on a note and to foreclose a chattel mortgage and real estate mortgage given as security for the note. Defendant counter-claimed to rescind the entire transaction on the ground of misrepresentation.

Plaintiffs, B.W. Miller, Sr., and others, entered into a contract...

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