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RUST TRACTOR CO. v. CONSOLIDATED CONSTRUCTORS, INC.

No. 1276.

526 P.2d 800 (1974)

86 N.M. 658

RUST TRACTOR COMPANY, a Delaware corporation, Plaintiff-Appellant, v. CONSOLIDATED CONSTRUCTORS, INC., a New Mexico corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

August 28, 1974.

Attorney(s) appearing for the Case

Benjamin S. Eastburn, Farmington, for plaintiff-appellant.

John R. Cooney, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, James B. Cooney, P.A., Farmington, for defendant-appellee.

OPINION

HENDLEY, Judge.

The claims in this case arise out of two separate lease transactions between plaintiff Rust, a Caterpillar tractor sales and leasing company, and defendant Consolidated, a construction firm.

The first transaction was the lease of a scraper for a period of three months. Approximately one month and nine days into the contract the scraper was accidentally submerged in a sewage lagoon. The next day Rust's employees removed the...

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