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ANDERSON, CLAYTON & COMPANY, INC. v. SWALLOWS

No. 9483.

505 P.2d 431 (1973)

ANDERSON, CLAYTON & COMPANY, INC., d/b/a Paymaster Feeds, Plaintiff-Appellee, v. Richard SWALLOWS and Calvin Justice, d/b/a Justice Feed Store, Defendants-Appellants.

Supreme Court of New Mexico.

January 19, 1973.

Attorney(s) appearing for the Case

Grantham, Spann, Sanchez & Rager, Albuquerque, for defendants-appellants.

Chavez & Cowper, Belen, for plaintiff-appellee.

OPINION

OMAN, Justice.

Plaintiff brought suit against defendants as partners to recover the unpaid balance on an open account in the amount of $5,612.03. Jurisdiction over the person of Justice was never obtained, and the case was tried on the issues raised by the complaint and the answer thereto by Swallows. The trial court found in favor of plaintiff in the amount above stated, and Swallows appealed. We affirm.

The account was opened with plaintiff...

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