Legal Opinion
Tom Growney Equipment, Inc. v. Ansley
New Mexico Court of Appeals
Decided December 2, 1994No. 15647PublishedCited by 17 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
This case presents an issue of first impression in New Mexico. The question is whether an equipment repair shop may recover in restitution for the value of work done where the owner did not authorize or otherwise encourage the repairs. The district court upheld the claim. Being persuaded that the repair shop does not have such an action, we reverse.
FACTS
The facts are not in dispute. Jim Ansley (Owner) sold a backhoe loader on credit to Charles Edwards in 1988. Owner retained a security interest but neglected to record it. In November 1991 Edwards took the backhoe to Tom…
2Cases cited10 opinions
- Hydro Conduit Corp. v. KembleNew Mexico Supreme Court · 1990
- Bank of America v. J. & S. AUTO REPAIRSArizona Supreme Court · 1985
- Terry v. PipkinNew Mexico Supreme Court · 1959
- Danley v. City of AlamogordoNew Mexico Supreme Court · 1978
- United States Fidelity & Guaranty Co. v. MarshallCourt of Appeals of Kansas · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ontiveros Insulation Co., Inc. v. SanchezNew Mexico Court of Appeals · 2000
- Central SEC. and Alarm Co., Inc. v. MehlerNew Mexico Court of Appeals · 1996
- Starko, Inc. v. PRESBYTERIAN HEALTH PLANNew Mexico Court of Appeals · 2011
- Heimann v. Kinder-Morgan CO2 Co.New Mexico Court of Appeals · 2006
- Starko, Inc. v. Presbyterian Health Plan, Inc.New Mexico Court of Appeals · 2012
12 more not listed; retrieve them via the Exa API.