STATE EX REL. THORNTON v. HESSELDEN CONST. CO.

No. 8654.

452 P.2d 190 (1969)

80 N.M. 121

STATE of New Mexico, for the Use of Truman THORNTON, Plaintiff-Appellant, v. HESSELDEN CONSTRUCTION COMPANY and United States Fidelity & Guaranty Company, Defendants-Appellees.

Supreme Court of New Mexico.

March 24, 1969.


Attorney(s) appearing for the Case

A.H. McRae, James E. Womack, John C. Wheeler, Albuquerque, for appellant.

Foley, Smith & Piper, Albuquerque, for appellees.


OPINION

CARMODY, Justice.

Plaintiff, as a subcontractor, sought to recover the sum of $3,357.97 which he claimed was owed on two painting subcontracts and the further sum of $3,803.54 for extra work. Following trial to the court, judgment was entered in favor of the defendants, and plaintiff appeals.

The two questions raised on appeal are primarily matters of substantial evidence and relate to the findings made by the trial court, or its refusal...

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