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eBook details

• Title: Newbold v. Florance
• Author : New Mexico Supreme Court
• Release Date : January 09, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Appellant testified in response to the interrogatories propounded to him that there was neither a written contract covering his services nor was there an agreement as to compensation therefor, and that he elected to stand on the first cause of action; whereupon, appellee moved for a dismissal of the complaint. The court, treating the motion to dismiss as a motion for summary judgment, granted the motion for the stated reason, "that plaintiffs complaint fails to state a claim upon which relief can be granted against the defendant and in favor of the plaintiff upon an account stated."

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