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COMSTOCK v. MITCHELL

No. 18844.

793 P.2d 261 (1990)

110 N.M. 131

Frederick G. COMSTOCK Plaintiff-Appellant, v. Josephine MITCHELL Defendant-Appellee.

Supreme Court of New Mexico.

June 4, 1990.

Attorney(s) appearing for the Case

John B. Speer, Albuquerque, for plaintiff-appellant.

Singer, Smith & Williams, Gordon Reiselt, Albuquerque, for defendant-appellee.

OPINION

SOSA, Chief Justice.

Mitchell hired Yudin to represent her in her divorce action. In the course of the proceedings Mitchell and Yudin agreed to hire Comstock, an accountant, to testify as an expert on Mitchell's behalf. Through Yudin Mitchell paid Comstock $2,500 for so testifying. Comstock billed Mitchell for an additional nearly $2,500. Mitchell refused to pay the additional fee that Comstock claimed, and Comstock sued in metropolitan court. He...

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