Scott v. Newsom

CHAVEZ, Justice.

On June 3, 1959, plaintiff Heyward Scott filed a complaint in two counts against “Ralph Poole, d/b/a Albuquerque Auto Sales.” The first count was for breach of warranty in that the defendant warranted that said automobile was free from defects in material and workmanship, whereas said vehicle turned out to be defective. The second count alleged that the defendant fraudulently represented that the automobile purchased was a road-tested car. On July 31, 1959, Albuquerque Auto Sales, Inc. filed a petition to intervene which was allowed and, on the same date, intervenor filed a…