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RIGGS v. GARDIKAS

No. 8216.

427 P.2d 890 (1967)

78 N.M. 5

C. W. RIGGS, d/b/a Riggs Motor Company, and Aetna Casualty & Surety Co., Plaintiffs-Appellants, v. James GARDIKAS, d/b/a Gardikas Fruit Company, Crager G. M. C., Inc., Western States Collection Agency and National Surety Corporation, Intervenors-Appellees.

Supreme Court of New Mexico.

May 22, 1967.

Attorney(s) appearing for the Case

Toulouse, Ruud, Gallagher & Walters, Albuquerque, for appellants.

Smith & Ransom, Gary D. Reagan, Albuquerque, for Gardikas Fruit Co.

Thomas E. Davis, Albuquerque, for Crager G.M.C.

Addison L. Strong, Albuquerque, for Western States Collection Agency.

Lawrence Buchmiller, Albuquerque, for National Surety Corp.

OPINION

NOBLE, Justice.

Plaintiff below, C.W. Riggs, doing business as Riggs Motor Company, had acted as agent for James Talbot, Inc., a used-truck and equipment company of Phoenix. Over a period of years, Riggs had sold Harvey C. Maddux a number of trucks and tractors on time payments, taking a lien for the unpaid portion of the purchase price. Title to the equipment was assigned to Maddux subject to the lien, and, in the past, he had filed conditional...

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