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DeBACA, INC. v. MONTOYA

No. 11557.

575 P.2d 603 (1978)

91 N.M. 419

DeBACA, INC., Plaintiff-Appellant, v. Manuel MONTOYA and Montoya Brothers, Defendants-Appellees.

Supreme Court of New Mexico.

February 28, 1978.

Attorney(s) appearing for the Case

Alvin Francis Jones, Roswell, for plaintiff-appellant.

Lamb, Metzgar, Franklin & Lines, Bernard P. Metzgar, Albuquerque, for defendants-appellees.

OPINION

EASLEY, Justice.

Plaintiff-appellant, DeBaca, Inc. (DeBaca) filed suit against Montoya Brothers, a partnership, defendants-appellees (the brothers) and Manuel Montoya, father of the brothers, defendant-appellee (Montoya) alleging fraud and breach of a lease agreement. Montoya moved to dismiss DeBaca's complaint on grounds that it failed to state a claim. The trial court dismissed the complaint as to Montoya, and DeBaca appeals. We reverse the decision...

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