PATTISON v. FORD

No. 619.

485 P.2d 361 (1971)

82 N.M. 605

Roger PATTISON, dba Yerba Feed Pens, Plaintiff-Appellant, v. A.T. FORD and Roosevelt County Electric Cooperative, Inc., a Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

April 30, 1971.


Attorney(s) appearing for the Case

James C. Compton, Portales, for appellant.

Jay Morgan, Portales, for appellees.


OPINION

WOOD, Judge.

Plaintiff sought damages for alleged fraud in connection with two boilers and the cost of electrical service. Defendants moved to dismiss the complaint. In granting the motion, the trial court stated: "* * * assuming, for the purpose of the motion, that all allegations pleaded by the plaintiff are true, he is not entitled to the relief prayed for." Thus, the dismissal was for failure to state a claim upon which relief can be granted...

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