Mountain States Fixture Company v. Daskalos

McGHEE, Justice.

The lower court dismissed an action against defendants on a Colorado judgment obtained under cognovit provisions of defendants’ promissory note and the plaintiff appeals from the dismissal.

The facts found by the trial court, as summarized, are: The defendants, residents of New Mexico, contracted with the Grauman Company, a Colorado corporation, for the purchase of bar fixtures, by contract of July, 1951. This contract provided for the making of defendants’ promissory note and chattel mortgage for an unpaid balance of the purchase price. In October, 1951 an agent of the…