Legal Opinion

State Ex Rel. Electric Supply Co. v. Kitchens Construction, Inc.

New Mexico Supreme Court

Decided February 4, 1988No. 17011PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WALTERS, Justice.

Electric Supply Company (ESCO) sued general contractor Kitchens Construction, Inc. (Kitchens) and its surety, Industrial Indemnity Company, under the Little Miller Act, NMSA 1978, Section 13-4-19 (Repl. Pamp.1985), to recover $61,124.53 for materials that ESCO supplied to the subcontractor Klein Electric Company for a state construction project. After a bench trial, the district court entered judgment for ESCO, and Kitchens appeals. We affirm.

In a conversation with ESCO’s credit manager, the president of Kitchens offered to have its subcontractor payment checks made…

2Cases cited15 opinions

  1. David H. Rosenberg, Trustee in Bankruptcy v. Charles E. CollinsCourt of Appeals for the Fifth Circuit · 1980
  2. Transport Indemnity Company v. SeibNebraska Supreme Court · 1965
  3. Graybar Electric Company, Inc. v. John A. Volpe Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1967
  4. State v. SpringerSupreme Court of North Carolina · 1973
  5. Kirk Co. v. AshcraftNew Mexico Supreme Court · 1984

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hydro Conduit Corp. v. KembleNew Mexico Supreme Court · 1990
  2. Ellen Equipment Corp. v. C v. Consultants & Associates, Inc.New Mexico Court of Appeals · 2008
  3. State v. ChristianNew Mexico Court of Appeals · 1995
  4. Hasse Contracting Co. v. KBK Financial, Inc.New Mexico Court of Appeals · 1998
  5. State v. ImperialNew Mexico Court of Appeals · 2017

8 more not listed; retrieve them via the Exa API.

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