Flores v. Baca
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mecliem, Judge. Suit on alleged written contract by Estevan Flores against Hilario Baca. Demurrer to second amended complaint sustained and judgment for defendant, and plaintiff appeals. While there are no allegations in the complaint that the contract was made on any consideration, none are necessary, as the contract itself imports a consideration.
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Appeal from District Court, Socorro County; M. C. Mecliem, Judge. Suit on alleged written contract by Estevan Flores against Hilario Baca. Demurrer to second amended complaint sustained and judgment for defendant, and plaintiff appeals. While there are no allegations in the complaint that the contract was made on any consideration, none are necessary, as the contract itself imports a consideration. "Every contract in writing- hereafter made shall import a consideration in the same manner and as fully as sealed instruments have heretofore done.” Section 2181, CJpde 1915. Contract implies…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellant instituted suit in the district court of Socorro county against the appellee on a contract which he alleged to have been in writing. The contract was written in Spanish, the English translation of the same being as follows:
“Both parties hereto do certify that the undersigned Ylario Baca, party of the first part, and Estevan Plores, party of the second part, have agreed, the first party to sell the number of 158 animals between steers, dry cows and cows with calves for the value of $3,650.00, which said deal shall be consummated at the time of the…
2Cases cited11 opinions
- Board of Commissioners v. ShipleyIndiana Supreme Court · 1881
- Louisville, New Albany & Chicago Railway Co. v. ReynoldsIndiana Supreme Court · 1889
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Henke v. Eureka Endowment Ass'n of Cal.California Supreme Court · 1893
- Georgia Home Insurance v. BoykinSupreme Court of Alabama · 1902
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3Cited by3 opinions
- Adams v. CoxNew Mexico Supreme Court · 1948
- Rubenstein v. WeilNew Mexico Supreme Court · 1965
- Franklin v. HarperNew Mexico Supreme Court · 1926