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CADLE CO., INC. v. WALLACH CONCRETE, INC.

No. 20734.

855 P.2d 130 (1993)

115 N.M. 556

The CADLE COMPANY, INC., Plaintiff-Appellant, v. WALLACH CONCRETE, INC., Defendant-Appellee.

Supreme Court of New Mexico.

June 8, 1993.

Attorney(s) appearing for the Case

Cynthia A. Fry, Albuquerque, for appellant.

R.E. Richards, P.A., R.E. Richards, Gary Don Reagan, P.A., Mark Terrence Sanchez, Hobbs, for appellee.

OPINION

FROST, Justice.

The decision filed herein March 23, 1993 is withdrawn and the following opinion is substituted therefor.

Plaintiff-appellant Cadle Company, Inc., a foreign corporation without a certificate of authority to do business in New Mexico, sued defendant-appellee Wallach Concrete, Inc., a New Mexico corporation, to recover on Wallach's alleged guarantee on a promissory note owned by Cadle. The district court dismissed Cadle's complaint...

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