New Mexico Supreme Court July 28, 1972, 9301 (Proctor v. Waxler)

OPINION

MONTOYA, Justice.

This cause is before us on a writ of certiorari directed to the New Mexico Court of Appeals in Proctor v. Waxier, 83 N.M. 58, 488 P.2d 108 (Ct.App.1971), which reversed a summary judgment entered by the trial court in favor of the defendants.

The pertinent facts, as set forth in the opinion of the Court of Appeals in Proctor v.