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CLEAR v. PATTERSON

No. 284.

459 P.2d 358 (1969)

80 N.M. 654

Kenneth CLEAR, C.C. Cobb and Howard Holler, d/b/a Orbit Car Wash, Plaintiffs-Appellees, v. Curtis PATTERSON and J.B. Sellman, Defendants-Appellants.

Court of Appeals of New Mexico.

September 12, 1969.

Attorney(s) appearing for the Case

Clifford L. Payne and John Sanders, Lovington, for defendants-appellants.

J. Wayne Woodbury, Silver City, for plaintiffs-appellees.

OPINION

HENDLEY, Judge.

Defendants Patterson and Sellman appeal from a judgment granted plaintiffs by the trial court sitting without a jury.

Plaintiffs' complaint was framed in negligence and contract. It involved the building of a car wash, alleging it was constructed in an unworkmanlike, unskillful and negligent manner.

The trial court made extensive findings of fact which, in essence, stated that defendants Patterson and Sellman breached...

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