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HIATT v. KEIL

No. 16862.

738 P.2d 121 (1987)

Stephen HIATT, d/b/a Hiatt Construction Co., Plaintiffs-Appellees, v. Siegfried KEIL, et al., Defendants-Appellants.

Supreme Court of New Mexico.

June 8, 1987.

Attorney(s) appearing for the Case

Paul D. Gerber, Carla Skeen, Gerber, Gramer & Ahern, Santa Fe, for plaintiffs-appellees.

Jere C. Corlett, Santa Fe, for defendants-appellants.

ON MOTION FOR REHEARING

Plaintiff's motion for rehearing is granted. The Decision filed May 8, 1987, is withdrawn and the following Opinion is substituted therefor:

OPINION

WALTERS, Justice.

Hiatt sued Keil for foreclosure of a materialman's lien; Keil counterclaimed for breach of contract. On the morning of trial, Hiatt moved for a directed verdict on the pleadings, arguing an open account pursuant to NMSA 1978, Section 38-7-1,...

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