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DeMARSH v. LANDRETH

No. 2046.

553 P.2d 1301 (1976)

89 N.M. 494

Gerald DeMARSH, Plaintiff-Appellant, v. James H. LANDRETH, d/b/a Landreth Wrecking Co., Defendant-Appellee.

Court of Appeals of New Mexico.

August 24, 1976.

Attorney(s) appearing for the Case

John W. Fisk, Matkins & Martin, Carlsbad, for appellant.

Thomas L. Marek, McCormick, Paine & Forbes, Carlsbad, for appellee.

OPINION

LOPEZ, Judge.

This case presents the issue of the constitutionality of the garageman's lien statute. Section 61-3-1, N.M.S.A. 1953 (2d Repl. Vol. 9).

The plaintiff brought his car to the defendant's shop with instructions that the defendant's install a new engine in the car. The agreed price was $364.00. The defendant installed the intake manifold from the old engine on the replacement engine. When the replacement engine was started broken...

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