Rubenstein v. Weil

NOBLE, Justice.

Louis Rubenstein and Howard M. Rosenthal, plaintiffs, below, have appealed from a judgment dismissing their complaint for failure to state a claim upon which relief can be granted.

The facts upon which the case rests where the complaint is attacked as failing to state a cause of • action are the facts alleged in the complaint. Jones v. International Union of Operating Engineers, 72 N.M. 322, 383 P.2d 571.

The facts here may be summarized from the allegations of the complaint and its attached exhibits, thus: The plaintiffs entered into a written contract with Robert H. Weil and…