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ANDERSON HAY AND GRAIN CO. v. DUNN

No. 8951.

467 P.2d 5 (1970)

81 N.M. 339

ANDERSON HAY AND GRAIN CO., Inc., A Washington Corporation, Plaintiff-Appellant, v. sam DUNN and Virgil Welch, d/b/a Ruidoso Downs Concession, Defendant-appellee.

Supreme Court of New Mexico.

March 30, 1970.

Attorney(s) appearing for the Case

Shipley, Durrett, Whorton & Conway, Alamogordo, for plaintiff-appellant.

M.J. Clayburgh, Albuquerque, for defendant-appellee.

OPINION

TACKETT, Justice.

This action was commenced in the District Court of Lincoln County, New Mexico, to recover $13,567.85 allegedly owed plaintiff by defendant Virgil Welch and Sam Dunn, doing business as Ruidoso Downs Concession, also known as Ruidoso Downs Feed Concession. The trial court awarded judgment against Welch and dismissed the complaint against Dunn. Plaintiff appeals.

The only issue before this court is whether Dunn was a partner...

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