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CLICK v. LITHO SUPPLY CO.

No. 13103.

622 P.2d 1039 (1981)

95 N.M. 419

Lee CLICK, d/b/a Best Printing Company, Plaintiff-Appellee, v. LITHO SUPPLY COMPANY, a New Mexico Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

January 30, 1981.

Attorney(s) appearing for the Case

Shollenbarger & Sandager, John T. Sandager, Albuquerque, for defendant-appellant.

Samuel M. Laughlin, Jr., Hobbs, for plaintiff-appellee.

OPINION

PAYNE, Justice.

The plaintiff, Click, sought to recover damages for breach of contract and for money due in the amount of $5,818.69. The defendant, Litho Supply Company, answered denying that the contract had been breached or that any money was due the plaintiff.

Trial was set for 9:00 a.m. on January 31, 1980, in Lovington, New Mexico. Because of a conflicting out-of-state business commitment, Litho's president, who resided in Albuquerque...

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