Jim v. CIT Financial Services Corporation

(specially concurring).

I concur in the result only. This appeal is based only upon the issue of dismissal for failure to state a claim upon which relief can be granted by the courts of this state, The issue on review is whether the plaintiff would be entitled to recover under any state of facts provable under the claim that is made. Tapia v. McKenzie, 83 N.M. 116, 489 P.2d 181 (Ct.App.1971). Section 309, Title 7, of the Navajo Tribal Code is similar to § 50A-9-507(l), N.M.S.A.1953 (Repl.Vol. 8, pt. 1), a statute under which relief could be granted for wrongful repossession. Were I asked to…