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KIRK CO. v. ASHCRAFT

No. 14957.

684 P.2d 1127 (1984)

101 N.M. 462

The KIRK COMPANY, Plaintiff-Appellee, v. W.R. ASHCRAFT, Defendant-Appellant.

Supreme Court of New Mexico.

June 12, 1984.

Attorney(s) appearing for the Case

Thomas L. Johnson, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellant.

J. Wayne Woodbury, Silver City, for plaintiff-appellee.

OPINION

WALTERS, Justice.

Plaintiff Kirk Company sued defendant W.R. Ashcraft to recover the purchase price on a contract for the sale of Christmas trees. Defendant counterclaimed for breach of contract, alleging that the trees were not delivered on time and were not of the quality warranted. The jury awarded plaintiff $16,566.41, and found against defendant on his counterclaim.

In this appeal, defendant contends that (1) certain of defendant's requested...

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