SMITH CONST. CO. v. KNIGHTS OF COLUMBUS, COUN. #1226

No. 9802.

519 P.2d 286 (1974)

86 N.M. 50

SMITH CONSTRUCTION CO., a partnership, Plaintiff-Appellant, v. KNIGHTS OF COLUMBUS, COUNCIL #1226, Defendant-Appellee.

Supreme Court of New Mexico.

February 15, 1974.


Attorney(s) appearing for the Case

T.K. Campbell, Las Cruces, John S. Campbell, Albuquerque, for appellant.

Martin, Martin & Lutz, Michael L. Winchester, Las Cruces, for appellee.


OPINION

MARTINEZ, Justice.

Plaintiff (appellant) brought suit on February 23, 1973 in the District Court of Dona Ana County to obtain judgment for breach of contract in the amount of $10,811.58 and for a foreclosure of a Mechanic's and Materialman's Lien. Appellant had contracted with Defendant (appellee) to construct certain improvements on real property owned by appellee. In return, appellee agreed to pay appellant $75,723 plus extras in the amount of...

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