Berrendo Irrigated Farms Co. v. Jacobs
New Mexico Supreme Court
Appeal from District Court, Cliaves county; McClure, Judge. Action by the Berrendo Irrigated Farms Company against George Jacobs and Elizabeth Jacobs, with counterclaim by defendants. Judgment for defendants for $500 on their counter-claim, after a remittitur of $499 had been filed, and plaintiff appeals. Party must elect to either affirm or disaffirm the contract.
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Appeal from District Court, Cliaves county; McClure, Judge. Action by the Berrendo Irrigated Farms Company against George Jacobs and Elizabeth Jacobs, with counterclaim by defendants. Judgment for defendants for $500 on their counter-claim, after a remittitur of $499 had been filed, and plaintiff appeals. Party must elect to either affirm or disaffirm the contract. He cannot select that part which is beneficial and reject the remainder and when he brings suit for damages for false and fraudulent representations he. affirms in toto and cannot change terms of written contract. 1 Page on…
1Opinion of the Court
OPINION OF THE COURT.
BOBEBTS, J.
This action was instituted in the lower court by the Berrendo Irrigated Farms Company against the appellees to recover on a written contract for the purchase price of a certain tract of land sold by appellant to appellees. Appellant claimed of appellees the sum of $1,9.50, with interest thereon at 8 per cent, from February 21, 1914. Appellees in their answer admitted that they executed the contract sued on and that the sum claimed was due from them to the appellant, but, in order to defeat the appellant’s recovery of this amount, they allegecl that they…
2Cases cited11 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Castle v. BullardSupreme Court of the United States · 1860
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- Butler v. WatkinsSupreme Court of the United States · 1872
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
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3Cited by23 opinions
- Sauter v. St. Michael's CollegeNew Mexico Supreme Court · 1962
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Golden Cone Concepts, Inc. v. Villa Linda Mall, Ltd.New Mexico Supreme Court · 1991
- Wilburn v. StewartNew Mexico Supreme Court · 1990
- Aboud v. AdamsNew Mexico Supreme Court · 1973
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