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EVANS PRODUCTS CO. v. O'DELL

No. 13323.

632 P.2d 735 (1981)

96 N.M. 500

EVANS PRODUCTS COMPANY, a corporation, Plaintiff-Appellant, v. Gene O'DELL, Richard D. Evans and Jim O'Dell, Defendants-Appellees.

Supreme Court of New Mexico.

August 17, 1981.

Attorney(s) appearing for the Case

Glenn G. Stiff, Roswell, for plaintiff-appellant.

Atwood, Malone, Mann & Cooter, P.A., Paul A. Cooter, William P. Lynch, Ralph Shamas, Roswell, for defendants-appellees.

OPINION

EASLEY, Chief Justice.

Evans Products had obtained a judgment for $30,464.69 on an open account plus $6,000 attorney fees and costs against a limited partnership, Cactus Wholesale Builders Supply (Builders Supply). Evans Products thereafter brought suit to obtain a judgment in the same amount against each of the individual partners of Builders Supply, Richard Evans, Gene O'Dell, and Jim O'Dell, jointly and severally. Following trial, the court (1...

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