American Linen Supply of New Mexico, Inc. v. City of Las Cruces

MOISE, Justice.

This appeal presents a question of the proper application of our declaratory judgment act (§ 22-6-1, N.M.S.A.19S3).

Plaintiff-appellant alleged in its complaint that it uses natural gas in its business and that since August, 1959 its bills have been excessive. Although not alleged, we gather that defendant-appellee is the supplier of gas to plaintiff inasmuch as it is asserted that defendant threatened to cut off the gas supply to plaintiff unless the bills for gas were paid as rendered. The complaint further states that the only method for accurately determining the amount of…