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SPARKS v. MELMAR CORP.

No. 12111.

598 P.2d 1161 (1979)

93 N.M. 201

Larry W. SPARKS and Roberta C. Sparks, his wife, Plaintiffs-Appellants, v. MELMAR CORPORATION, a New Mexico Corporation, Third-Party Plaintiff-Defendant-Appellee, v. Leroy WILLIAMS et al., Third Party Defendants.

Supreme Court of New Mexico.

August 23, 1979.

Attorney(s) appearing for the Case

Wollen & Segal, Ronald T. Taylor, Albuquerque, for plaintiffs-appellants.

Keleher & McLeod, Arthur O. Beach, Albuquerque, for third party plaintiff-appellee.

Coors, Singer, Anaya, Brennan & Stratton, Robert N. Singer, Albuquerque, for third party defendant Leroy Williams.

Shaffer, Butt, Jones, Thornton & Dines, Briggs F. Cheney, Albuquerque, for third party defendant United States Gypsum.

OPINION

EASLEY, Justice.

Sparks sued Melmar for breach of warranty in the construction of a house, alleging that the wall texturing and paint on the interior walls was continually peeling off. Melmar brought in Williams as a third-party defendant on a claim for indemnification. The trial court granted summary judgment to Melmar, and Sparks appealed. We reverse.

We inquire (1) whether the evidence raises an issue of fact that the defect was due to...

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