Legal Opinion
Three Rivers Land Co., Inc. v. Maddoux
New Mexico Supreme Court
Decided September 28, 1982No. 13925PublishedCited by 80 opinions
1Opinion of the Court
OPINION
EASLEY, Chief Justice.
Three Rivers Land Company and Marvel Engineering Company sued Don and Jacquelyn Maddoux (Maddoux), Maddoux Family Trust, and David Emmert as trustee and individually for breach of contract and fraud. Maddoux filed a motion to dismiss, which was denied by the trial court. Leave to file an interlocutory appeal was granted, and we reverse.
We discuss:
1. Whether the doctrine of election of remedies is a defense in New Mexico.
2. Whether the elements of legal capacity and same cause of action under the doctrine of res judicata are present.
The case on appeal depends…
2Cases cited19 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Peters v. BainSupreme Court of the United States · 1890
- Abramson v. University of HawaiiCourt of Appeals for the Ninth Circuit · 1979
- Adams v. Loffland Brothers Drilling CompanyNew Mexico Court of Appeals · 1970
14 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Silva v. StateNew Mexico Supreme Court · 1987
- Deflon v. SawyersNew Mexico Supreme Court · 2006
- Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
- Universal Life Church v. CoxonNew Mexico Supreme Court · 1986
- Robert M. McKinney v. Gannett Co., Inc., and the New Mexican, Inc.Court of Appeals for the Tenth Circuit · 1987
75 more not listed; retrieve them via the Exa API.