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UNIVERSITY FORD v. MARLIN

No. 9911.

531 P.2d 937 (1974)

UNIVERSITY FORD, Plaintiff-Appellee and Cross-Appellee, v. Ray MARLIN et al., Defendants, Third-Party Plaintiffs-Appellees and Cross-Appellants, v. DEMING NATIONAL BANK, Third-Party Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

December 20, 1974.

Attorney(s) appearing for the Case

Sherman & Sherman, Benjamin M. Sherman, Deming, for Deming National Bank.

Bivins & Weinbrenner, Neil E. Weinbrenner, Las Cruces, for University Ford.

Sosa & Neumeyer, Glenn B. Neumeyer, Las Cruces, for Ray Marlin and others.

OPINION

McMANUS, Chief Justice.

University Ford brought suit in the District Court of the Third Judicial District to recover the purchase price of a 1969 Plymouth automobile owned by plaintiff, University Ford, and allegedly sold for thirteen hundred dollars by one Ray Marlin to defendant, Louis Motors. Louis Motors filed a third-party claim against Deming National Bank alleging the bank was negligent in its act of paying its bank money order to Marlin,...

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