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CARPENTER v. MERRETT

No. 8981.

477 P.2d 819 (1970)

82 N.M. 185

James O. CARPENTER, d/b/a James O. Carpenter, Painting Contractor, Plaintiff-Appellee, v. John H. Merrett, Edith M. Merrett, his wife, First National Bank in Albuquerque and First National City Bank, Defendants-Appellants and Cross-Appellees, v. KIMBROUGH-CARPENTER, INC. and Orrion Perry, d/b/a Gas Appliance Service Company, Cross-Claimants-Appellees, Blueher Lumber Company, Inc. and Dar Tile Company, Cross-Claimants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

Rehearings Denied December 28, 1970.

Attorney(s) appearing for the Case

Hines & Sullivan, Albuquerque, for defendants-appellants and cross-appellees.

McNeany, Rose & Sholer, Albuquerque, for James O. Carpenter.

Perry S. Key, Albuquerque, for Kimbrough-Carpenter.

McAtee, Marchiondo & Michael, Pat Chowning, Albuquerque, for Orrion Perry.

Oliver Burton Cohen, Albuquerque, for Blueher Lumber and Dar Tile.

OPINION

WATSON, Justice.

This is one case in a series which resulted from the bankruptcy of Mock Homes, Inc., general contractor, after the sale of the residence property and before the time for filing labor and materialmen's liens had expired. See Brito v. Carpenter, 81 N.M. 716, 472 P.2d 979 (1970). The trial of this case, No. A-23377 below, was on the issues raised by the complaints and...

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