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LEONARD MOTOR COMPANY, INC. v. ROBERTS CORPORATION

No. 9582.

512 P.2d 80 (1973)

85 N.M. 320

LEONARD MOTOR COMPANY, INC., Plaintiff-Appellee, v. The ROBERTS CORPORATION, Defendant-Appellant.

Supreme Court of New Mexico.

July 13, 1973.

Attorney(s) appearing for the Case

James R. Toulouse & Associates, Phil Krehbiel, Albuquerque, for defendant-appellant.

Kool, Kool, Bloomfield, Eaves & Mayfield, Roland B. Kool, Malcolm L. Shannon, Jr., Albuquerque, for plaintiff-appellee.

OPINION

MONTOYA, Justice.

Leonard Motor Company, Inc. (appellee) filed suit against The Roberts Corporation (appellant) for alleged breach of contract when appellant returned to appellee a leased cement mixer containing hardened cement. Appellant counterclaimed, alleging that the mixer was inoperable and that, as a result, appellant's construction project was delayed, whereby appellant was damaged. A jury trial followed...

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