Wallace v. Wanek

OPINION

WOOD, Judge.

Two issues are dispositive: (1) the deadman’s statute, § 20-2-5, N.M.S.A.1953 (Supp.1969) and (2) whether plaintiff may obtain a review of the evidence as to agency.

Plaintiff testified that he delivered his car to Reliable Motors “to sell for me” on a commission basis. He dealt with Izadore Frank. Pie testified that he was advised, by Frank, “ * * * to go ahead and sign the title, they would hold it in their safe, and date it when they sold the car.” Plaintiff endorsed his title and delivered it to Frank. Plaintiff testified this procedure had been followed in the sale of…