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HARMON v. FARMERS MARKET FOOD STORE

No. 815.

499 P.2d 1002 (1972)

84 N.M. 80

Roy HARMON, as the personal representative of the estate of Dorothy Harmon, deceased, and Roy Harmon, individually, Plaintiff, v. FARMERS MARKET FOOD STORE, a partnership consisting of Bert M. Jones and J.T. Haile, Jr., d/b/a Farmers Market Food Store, and Louis L. Martinez, its agent, servant, employee and manager, Defendants and Cross-Plaintiffs Appellants, v. KIMBELL-ALBUQUERQUE CO., (also known as Kimbell Wholesale Co. of Albuquerque, N. M.), and Douglas Shope, its agent, servant and employee, Defendants and Cross-Defendants Appellees, v. MAXON INDUSTRIES, INC., a corporation, Defendant and Cross-Defendant.

Court of Appeals of New Mexico.

Certiorari Denied July 18, 1972.

Attorney(s) appearing for the Case

William W. Bivins, Neil E. Weinbrenner, Bivins & Weinbrenner, Las Cruces, for appellants.

C. Fincher Neal, J.W. Neal, Neal & Neal Hobbs, for appellees.

OPINION

WOOD, Chief Judge.

The appeal involves indemnification between joint tort-feasors. The issue is whether the trial court properly directed a verdict against the indemnification claim.

Kimbell (Kimbell-Albuquerque Co. and Shope, its employee), had groceries to deliver to its customer, Farmers (Farmers Market Food Store, a partnership, and Martinez, its employee). Unloading the groceries was accomplished by means of carts which were rolled onto...

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