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BROWN v. AMERICAN BANK OF COMMERCE

No. 8445.

441 P.2d 751 (1968)

79 N.M 222

James B. BROWN and George Mossman, Partners, d/b/a Albuquerque Data Processing, Plaintiff-Appellee, v. AMERICAN BANK OF COMMERCE, Defendant-Appellant.

Supreme Court of New Mexico.

June 10, 1968.

Attorney(s) appearing for the Case

Albert T. Ussery, Juan G. Burciaga, Albuquerque, for appellant.

Marron & Houk, Dan A. McKinnon III, Ralph M. Marron, Albuquerque, for appellee.

OPINION

CHAVEZ, Chief Justice.

Appellant American Bank of Commerce, hereinafter referred to as "Bank," appeals from a judgment in favor of plaintiffs-appellees, James B. Brown and George Mossman, partners, d/b/a Albuquerque Data Processing, hereinafter referred to as "ADP."

The complaint alleged that the Bank was obligated, under the terms of an agreement dated February 28, 1963, to have certain work performed by ADP; that the Bank failed to use...

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