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DURRETT v. PETRITSIS

No. 8982.

474 P.2d 487 (1970)

82 N.M. 1

Ray DURRETT, Plaintiff-Appellee, v. Kyriakos PETRITSIS, Defendant-Third-Party Plaintiff-Appellant, v. Loretta SIMPIER, now Loretta Brady, Leroy S. Tipton, Janie Tipton, Third-Party Defendants-Appellees.

Supreme Court of New Mexico.

September 14, 1970.

Attorney(s) appearing for the Case

Wright & Kastler, Raton, for appellant.

Robert S. Skinner, Raton, for Durrett.

William H. Darden, Raton, for Loretta Brady.

OPINION

McKENNA, Justice.

Durrett, the appellee, sued appellant Petritsis for the balance due on a promissory note in the original amount of $8,500. The complaint alleged that the note was executed by Loretta Simpier (now Mrs. Brady), Janie Tipton and Leroy Tipton, and endorsed by Petritsis. A third-party complaint was then filed by Petritsis against Mrs. Brady and the Tiptons stating that the third-party defendants were primarily liable under the note and...

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