El Nuevo mexicano., 1918-02-28
LOWER COURTS UPHELD
BY SUPREME COURT IN
IT'S LATEST DECISIONS
THREE APPEALS ACTED UPON
LATE SATURDAY INCLUDE ONE
MINING RIGHT OF
SALESMAN TO HANDLE OTHER
THAN CONTRACT GOODS

I. ..NM -
Three decisions were given late
Saturday by the state supreme court,
With the exception that in n case
where there were two appellants,
where the lower court was SUSTAIN
ed as to one and reversed as to the
other, the lower tribunal was upheld
in all three appeals. The cases
are as follows:
Morgan We. Doughton
]. W.. Morgan. appellee, vs. G. Il,
Doughton, appellant, No. 2076, Curry
county.
From Judgment rendered against
him in the district court the appel
liant, c. r. D~oughton, has perfected
this appeal judgment being for $1l2
for labor and feeding cattle. Judg-
ment of court below affirmed.
Syllabus BY the Court
/. The prayer is no part OF the
pleading, and cannot be used as a
test to determine the nature of the
cause OF action stated.
2. Attacks upon the sufficiency OF
a complaint, made for the first time
on appeal, will be determined in the
light of the rule that the complaint
will be literally construed in order
to uphold the judgment, and If u
contains allegations from which
every fact necessary to maintain the
action may be inferred, 1t will be
sustained.
8. Where there is substantial evil
dence to support findings and 1udg-
ment of trial court same will not be
disturbed on appeal.
Opinion by Justice Parker, Chief
Justice Hanna and Justice Roberts
c%oncurring.
Sale of Beer Involved
Lorenzo Gradi ct al, appellees. vs..
Arthur o. Bachechi, ct al, appel
lants, No. 2104, Bernalillo county.
This is an appeal from a judgment
rendered against defendants enjoiniug
them from selling key beer not the
product of w. ]. Temp Brewing COM
pany and further using the fixtures
furnished 10 them by appellees, and
for accounting of profits lost by ap-
pellees on account of appellants
breach Of contract and to ecover the
balance due on q certain promissory
note.
Judgment of the court below af-
firmed.
Syllabus BY the Court
/. Where the record on appeal
does not contain the transcript I
evidence, the findings of the trial
court are conclusive,
2. Requested findings of fact and
conclusions of law are not part OF
the record proper unless ordered TO
be filed by the court.
Opinion by Justice Parker, Chief
Justice Hanna and Justice Roberts
concurring.
Breach Of Contract
The American National Bank OF
Silver City, Appellee, VS.. q. ]. Wood
and Elizabeth De Moss, appellants,
NO. 2120, Grant county.
This action was brought In the
district court for Grant county by
the American National bank of Sill
yer City. New Mexico, against Wood
and De Moss, a co-partnership, e. J.
Wood and E. C. De Moss and Eaiz-
abeth De Moss, partners, doing bust
ness under the firm name of Wood
& De Moss. The action was for dam
ages for breach of contract to deliver
Angora mohair. From a judgment
rendered against e. ]. Wood and
Elizabeth De Moss, the appellants
have perfected this appeal.
Judgment of the court below al.
firmed as to Wood and reversed as
to De Moss.
Syllabus BY the Court
/. Evidence of joint ownership in
property is not sufficient in itself to
prove partnership. Evidence exam.
ined and held insufficient to bold
parties liable as partners in fact.
2. To charge n as a partner by
estoppel or holding out 1t must pc
shown that he so conducted himself
as to induce a reasonable person to
deal with him in the honest belief
that the partnership existed. III
quantity or degree of proof necessary
in such cases depends upon the fact
and circumstances of each particular
case.
Opinion by Justice Parker, Chief
Justice Hanna and Justice Roberts
concurring.