Legal Opinion

Stern v. Farah Bros.

New Mexico Supreme Court

Decided March 19, 1913No. 1520PublishedCited by 1 opinion

Appeal from District Court, Bernalillo County. The instrument sued on amounted in law to no more-than an agreement to make a binding contract in the future, provided the parties could agree upon its terms. 1 Benjamin on Sales, sec. 87, p. 104; Thurnell v. Balbirnie,. 2 C. B. 786; Cooper v. Shuttleworth, 25 L. J. Ex. 114;. Vickers v. Vickers, 4 Eq. 529; Wilkes v. Davis, 3 Merc. 507; Bussell v. Clough, 71 N ID 178; Breekenridge v. Crocker, 78 Cal. 529; Shepard v. Carpenter, 54…

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Appeal from District Court, Bernalillo County. The instrument sued on amounted in law to no more-than an agreement to make a binding contract in the future, provided the parties could agree upon its terms. 1 Benjamin on Sales, sec. 87, p. 104; Thurnell v. Balbirnie,. 2 C. B. 786; Cooper v. Shuttleworth, 25 L. J. Ex. 114;. Vickers v. Vickers, 4 Eq. 529; Wilkes v. Davis, 3 Merc. 507; Bussell v. Clough, 71 N ID 178; Breekenridge v. Crocker, 78 Cal. 529; Shepard v. Carpenter, 54 Minn. 153; Arnold v. Seharbauer, 116 Eed. 492; St. Louis & S. F. B. B. Co. v. Gorman, 100 Pac. 647; Plopedale Elec. Co.…

1Opinion of the Court

OPINION OF THE COURT.

I-IANNA, J.

The first point contended for by appellants is that, “The instrument sued on amounted in law to no more than an agreement to make a binding contract in the future, provided the parties could agree upon its terms.” In support of this contention, instructions were ■asked by the defendants, appellants here, and refused, to the effect that the contract did not, at the time of its execution, bind either of the parties thereto to any action, and that either might lawfully withdraw at any time before the other had done anything in pursuance of said •contract; and,…

2Cases cited5 opinions

  1. Shepard v. CarpenterSupreme Court of Minnesota · 1893
  2. Elberton Hardware Co. v. HawesSupreme Court of Georgia · 1905
  3. Arnold v. ScharbauerU.S. Circuit Court for the District of Western Missouri · 1902
  4. Hutton v. MooreSupreme Court of Arkansas · 1870
  5. Fort v. Union Bank of LouisianaSupreme Court of Louisiana · 1856

3Cited by1 opinion

  1. Cottonwood Enterprises v. McAlpinNew Mexico Supreme Court · 1991

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