Comstock v. Mitchell

793 P.2d 261 (1990)

110 N.M. 131

Frederick G. COMSTOCK Plaintiff-Appellant,

v.

Josephine MITCHELL Defendant-Appellee.

No. 18844.

Supreme Court of New Mexico.

June 4, 1990.

John B. Speer, Albuquerque, for plaintiff-appellant.

Singer, Smith & Williams, Gordon Reiselt, Albuquerque, for defendant-appellee.

OPINION

SOSA, Chief Justice.

Mitchell hired Yudin to represent her in her divorce action. In the course of the proceedings Mitchell and Yudin agreed to hire Comstock, an accountant, to testify as an expert on Mitchell's behalf. Through Yudin Mitchell paid Comstock $2,500 for so testifying. Comstock billed…