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STEPHEN v. PHILLIPS

No. 7516.

689 P.2d 939 (1984)

101 N.M. 790

Pierre STEPHEN, Plaintiff-Appellant, v. Felix S. PHILLIPS and Stella S. Phillips, his wife, and Tony Srader, Defendants-Appellees.

Court of Appeals of New Mexico.

September 25, 1984.

Attorney(s) appearing for the Case

Nancy Augustus, Singleton Law Offices, Santa Fe, for plaintiff-appellant.

Perry C. Abernethy, Franklin, Dunn & Abernethy, Albuquerque, for defendant-appellee Stella S. Phillips.

OPINION

WOOD, Judge.

Defendants1 sold scrap metal, motors, small tools and implements, three vehicles and other items accumulated at defendants' welding shop (referred to hereinafter as scrap metal) for $6,000. The sales price was paid. This lawsuit resulted from a dispute over who was entitled to take possession of the scrap metal that was sold. Plaintiff sued defendants for fraud, constructive fraud and conversion. The trial...

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