Miller v. Golden W. Motel

OPINION

HENSLEY, Jr., Chief Judge, Court of Appeals.

This is an appeal from a judgment in favor of the plaintiffs in an action to recover a judgment on a note and to foreclose a chattel mortgage and real estate mortgage given as security for the note. Defendant counter-claimed to rescind the entire transaction on the ground of misrepresentation.

Plaintiffs, B. W. Miller, Sr., and others, entered into a contract with W. C. Bryan on December 22, 1959, for the sale and purchase of a motel located in Tucumcari, New Mexico. To effectuate this purpose, W. C. Bryan formed the Golden W. Motel…