CILLESSEN BROS. CONST. CO. v. FRANK PAXTON LUMBER

No. 8530.

440 P.2d 133 (1968)

79 N.M. 95

CILLESSEN BROS. CONSTRUCTION CO., Inc., Plaintiff-Appellant, v. FRANK PAXTON LUMBER COMPANY, Inc., Defendant-Appellee.

Supreme Court of New Mexico.

April 29, 1968.


Attorney(s) appearing for the Case

W.A. Keleher, T.B. Keleher, Michael L. Keleher, Albuquerque, for plaintiff-appellant.

Grantham, Spann, Sanchez & Rager, Albuquerque, for defendant-appellee.


OPINION

COMPTON, Justice.

This is an appeal from a summary judgment dismissing the appellant's cause of action. The following appears from the pleadings and the deposition of G.H. Cillessen, secretary-treasurer and chief estimator of Cillessen Bros. Construction Co., Inc.

G.H. Cillessen, in preparing a bid for the prime contract for construction of a Socorro school building, telephoned Frank Paxton Lumber...

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