Newbold v. Florance

McGHEE, Justice.

This is the second appeal of this case. See 54 N.M. 296, 222 P.2d 1085.

In the former trial below the. plaintiff (appellant here) sought to recover commission claimed due for the sale o-f oil and gas leases which the defendant (appellee here) had sold to the Wood River Oil & Refining Company, Inc. The complaint was in two counts; first, upon an account stated in the sum of $12,500, and second, on quantum meruit for $8,200 which, it was alleged, the parties had agreed upon as the value of the plaintiff’s services. The defendant filed a counter claim for $500 which he claimed he…