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FOREMOST FOODS COMPANY v. SLADE

No. 8778.

459 P.2d 457 (1969)

80 N.M. 658

FOREMOST FOODS COMPANY, Division of Foremost-McKesson, Inc., Successor by merger to Foremost Dairies, Inc., Plaintiff-Appellee, v. Oliver P. SLADE, Defendant-Appellant.

Supreme Court of New Mexico.

October 6, 1969.

Attorney(s) appearing for the Case

Chavez & Roberts, Joseph A. Roberts, Santa Fe, for plaintiff-appellee.

Donald A. Martinez, Las Vegas, for defendant-appellant.

OPINION

TACKETT, Justice.

Plaintiff filed an action against defendant in the District Court of San Miguel County, New Mexico, to recover amounts claimed due on a promissory note and an open account. Defendant counterclaimed for the reasonable value of his former business, which had been taken over by plaintiff pursuant to an option to purchase. Trial was to the court without a jury. Judgment was entered for plaintiff and defendant's counterclaim was dismissed...

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