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WOLF AND KLAR COS. v. GARNER

No. 14969.

679 P.2d 258 (1984)

101 N.M. 116

WOLF AND KLAR COS., A partnership, Plaintiff-Appellee, v. Robert J. GARNER, d/b/a The Hock Shop, Defendant-Appellant.

Supreme Court of New Mexico.

April 3, 1984.

Attorney(s) appearing for the Case

Don Maddox, Maddox & Renfrow, Hobbs, for plaintiff-appellee.

M.J. Collopy, Hobbs, Nancy Augustus, Singleton Law Offices, Santa Fe, for defendant-appellant.

OPINION

WALTERS, Justice.

Defendant Garner d/b/a The Hock Shop (Garner) appeals a judgment in favor of plaintiff Wolf & Klar (Wolf) on its open account claim, and the award of attorney fees to Wolf. Garner also alleges error in the trial court's finding that defendant's conduct amounted to constructive fraud. Garner affirmatively argues that plaintiff could have avoided the loss and, consequently, it should...

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