PLATEAU v. WARREN

No. 8715.

455 P.2d 184 (1969)

PLATEAU, INC., a corporation, Plaintiff-Appellee, v. S.E. WARREN, an Individual, and Home Oil Company, a corporation, Defendants-Appellants.

Supreme Court of New Mexico.

June 9, 1969.


Attorney(s) appearing for the Case

Edwin L. Felter, Santa Fe, for appellants.

Burr & Cooley, Farmington, for appellee.


OPINION

COMPTON, Justice.

The question presented is whether evidence to the effect that a written contract between the parties had been terminated by a subsequent agreement of the parties was erroneously admitted as being outside the scope of the pleadings.

Plaintiff brought suit on a promissory note and an open account. Judgment was awarded thereon, and no appeal has been taken therefrom. By way of counterclaim the defendants asserted a written...

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