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S & W TRUCKS, INC. v. NELSON AUCTION SERVICE

No. 296.

457 P.2d 220 (1969)

80 N.M. 423

S & W TRUCKS, INC., Plaintiff-Appellant, v. NELSON AUCTION SERVICE, INC., Defendant-Appellee. CONSOLIDATED CHICAGO PNEUMATIC TOOL COMPANY, Plaintiff-Appellant, v. NELSON AUCTION SERVICE, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

June 27, 1969.

Attorney(s) appearing for the Case

Lowell Stout, Dewie B. Leach, Hobbs, for appellants.

N. Randolph Reese, Hobbs, for appellee.

OPINION

SPIESS, Chief Judge.

This appeal relates to the liability of an auctioneer to certain claimants whose claims, though separately filed, were consolidated for the purpose of trial and appeal. Each complaint purports to state a cause of action in conversion based upon a claimed wrongful distribution of the proceeds of an auction sale. The appeal is from a judgment dismissing the complaints as against the auctioneer. We affirm the judgment.

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