Benton v. Albuquerque National Bank
New Mexico Court of Appeals
1Opinion of the Court
OPINION
DONNELLY, Chief Judge.
Plaintiff, T. Bruce Benton, appeals from a judgment pronouncing that he owned no legal interest in an apartment building and had no right to any of its profits or rents. Two issues are presented on appeal: (1) failure to find that plaintiff was vested with a valid assignment of a partnership interest; and (2) error in allowing testimony of witnesses undisclosed to plaintiff before trial. Resolution of the first issue renders discussion of the second issue unnecessary. Reversed and remanded.
FACTS
On June 13, 1949, J.T. Benton (plaintiffs father) and Isobel M. Súber,…
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