Budagher v. Loe

MOISE, Justice.

On November 7, 1958, plaintiff-appellant entered into a written contract for the sale of 5,000 Christmas trees of a stated average size to one Jack E. Loe, as purchaser. The trees were to be delivered to a location to be determined by Loe on or before dates set forth in the agreement, and Loe agreed to pay $2.00 per tree upon delivery. The trees were delivered as agreed but plaintiff was paid only $3,000.00, leaving a balance of $7,000 unpaid and owing.

This suit was instituted against Loe, Howard Herbert and Albuquerque Discount Club, Inc., a corporation. Loe was personally…