Keinath, Schuster & Hudson v. Reed
New Mexico Supreme Court
' Appeal from the District Court of Eddy County; John T. McClure, District Judge; • The Court erred in sustaining plaintiffs motion for judgment on the pleadings. Thomas v. Bay, 110 Pac. 48; Idaho Pac. Min. Co. v. Green, 94 Pac. 161; Pac.
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' Appeal from the District Court of Eddy County; John T. McClure, District Judge; • The Court erred in sustaining plaintiffs motion for judgment on the pleadings. Thomas v. Bay, 110 Pac. 48; Idaho Pac. Min. Co. v. Green, 94 Pac. 161; Pac. Mill Co. v. Inman Poulson & Co., 90 Pac. 1099; Town of Mapleton v. Kelly,. 117 Pac. 52; Miles v. McCallan, 3 Pac. 610; Johnson v. Manning, 29 Pac. 101. , Court erred in his judgment because the complaint filed herein fails to state facts sufficient to constitute a cause of action. Estee’s Pleadings, 177-332; McGavoclc v. Wood-lief, 20 How. 221, 15 L. Ed.…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, D. J. —
1 2 Appellant insists that by his answer lie raised the following issues of fact: (1) Whether or not appellant accepted the property of Shackleton; (2) Whether or not appellant accepted Shackleton as a proper party with whom to make an exchange other than upon the conditions in the contract or stimulations Exhibit “B •” (3) Whether or not appellee had done all it was required to do in order to earn its commission; (4) Whether or not the contract, or stipulations Exhibit “B” between appellant and Shackleton, was intended to be a stipulation by which an…
2Cases cited10 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Fox v. RyanIllinois Supreme Court · 1909
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- Buren v. Digges Ex Rel. LibbeySupreme Court of the United States · 1851
- Kalley v. . BakerNew York Court of Appeals · 1892
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3Cited by5 opinions
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Holliman v. ColeSupreme Court of Oklahoma · 1934
- Lindsey v. CranfillNew Mexico Supreme Court · 1956
- Hart v. WarderNew Mexico Supreme Court · 1953
- Lane v. MayerNew Mexico Supreme Court · 1927