Pucci Distributing Co. v. Stephens

OPINION

STOWERS, Justice.

Pucci Distributing Company and Richard Distributing Company (plaintiffs), licensed New Mexico liquor wholesalers, brought this action to recover amounts due for merchandise sold on open account to Gary L. Stephens and David M. Stevens (defendants), licensed New Mexico liquor retailers. Plaintiffs filed a motion for summary judgment, and defendants filed a response and a cross-motion for summary judgment. Defendants alleged that NMSA 1978, Section 60-8A-5 (Repl.Pamp.1981) barred plaintiffs from bringing this collection action because the debts at issue arose from…