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NEW MEXICO TIRE & BATTERY CO. v. OLE TIRES

No. 15282.

683 P.2d 39 (1984)

101 N.M. 357

NEW MEXICO TIRE & BATTERY CO., INC. and Yearwood and House Tire and Battery Co., Inc., Plaintiffs-Appellees, v. OLE TIRES, INC., Defendant-Appellant.

Supreme Court of New Mexico.

June 6, 1984.

Attorney(s) appearing for the Case

Thomas F. Hooker, Jr., P.C., Albuquerque, for plaintiffs-appellees.

Frank Bachicha, Jr., Bachicha Legal Services, P.A., Santa Fe, for defendant-appellant.

OPINION

WALTERS, Justice.

From a motion granting summary judgment to plaintiffs on two open account debts, defendant appeals.

Plaintiffs' claims were joined in a four-count single complaint, the separate claims of each plaintiff being set forth in separate counts. Attached to the complaint were several exhibits. Exhibit A was a sworn statement of James F. House, president of plaintiff New Mexico Tire and Battery Co., Inc. (Tire Company), alleging...

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