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KERR v. SCHWARTZ

No. 9047.

475 P.2d 457 (1970)

Sylvia T. KERR, Plaintiff-Appellant, v. David SCHWARTZ, also known as Dave Schwartz, individually and doing business as Reliable Motors, and Western Surety Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

October 9, 1970.

Attorney(s) appearing for the Case

Neil E. Weinbrenner, Garland, Martin & Martin, Las Cruces, for plaintiff-appellant.

J.D. Weir, R.R. Regan, Las Cruces, for defendants-appellees.

OPINION

TACKETT, Justice.

This action was commenced in the District Court of Dona Ana County, New Mexico, by plaintiff Kerr for damages under § 64-8-6, N.M.S.A., 1953 Comp., or, in the alternative, for breach of contract on the purchase of a 1969 automobile by plaintiff from defendant Reliable Motors, or for conversion by Reliable Motors of the purchase money or a 1966 Cadillac given to Reliable Motors as consideration for the purchase of the 1969 automobile...

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