Samples v. Robinson , 58 N.M. 701 ( 1954 )

On Motion for Rehearing.

McGHEE, Chief Justice.

Upon consideration of the motion for rehearing in this case we find the. defendants did plead a failure of consideration in the sum of $250 they lost because, a tank of that value was repossessed by the butane dealer. Because of the failure of the plaintiffs to seek reformation of the, bill of sale as to this tank the defendants are entitled to an additional credit for $250, but we adhere to our former holding that the failure of consideration in this small amount, considering the large amount involved, does not justify rescission.

If the plaintiff will file an additional remittitur for $250, with interest at six percent per annum from date of judgment, within ten days from the filing of this opinion the judgment will stand affirmed, as we deem the other, matters raised in the; motion to-be without merit.

It is so ordered.

SADLER, COMPTON, LUJAN and SEYMOUR, JJ., concur.