Bettini v. City of Las Cruces

OPINION

STEPPIENSON, Justice.

Plaintiff-appellant (Plaintiff) filed suit against defendant-appellee (City) for a refund of utility charges exacted by the City in payment of an obligation owing - by Plaintiff’s predecessor in title as a condition to furnishing further service. From an adverse judgment, Plaintiff appeals.

In 1965 a mortgage foreclosure suit was pending against Penguin Motor I-Iotel in which a judgment of foreclosure was entered on November 1, 1965. City had furnished utility services to the motel for which, after some difficulties, it was paid, except for the period from shortly…