Lyster v. Town of Las Vegas

CARMODY, Chief Justice.

This action was originally commenced as a declaratory judgment proceeding which sought to determine who was at fault for a defect that developed in the construction of a sewage treatment plant for the Town of Las Vegas, New Mexico. From a judgment in favor of the Town on a third-party complaint, appellant Lyster, together with its surety, prosecute this appeal and the appellee Scanlon has cross-appealed under our Rule 17(2) (§ 21-2-1 (17) (2), N.M. S.A.1953),

Although there is some discrepancy as to the proper business or legal names of some of the parties, it is of no…