Daly v. Bernstein
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiff, from the Second Judicial District Court, Bernalillo County. Tlie facts are stated in the opinion of the court. Where the burden of proof is on plaintiff, and his evidence is such that a verdict for him would be set aside, the court should direct a verdict for defendant.
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Appeal, from a judgment in favor of plaintiff, from the Second Judicial District Court, Bernalillo County. Tlie facts are stated in the opinion of the court. Where the burden of proof is on plaintiff, and his evidence is such that a verdict for him would be set aside, the court should direct a verdict for defendant. Randall v. B. & O. R’y Co., 109 U. S. 478; Pence v. Langdon, 99 U. S. 578; Scofield v. Railroad Co., 114 Id. 615. Recovery upon the common counts in assumpsit can not be had for money paid upon a special contract which has been in part performed, and the plaintiff has derived some…
1Opinion of the CourtSeeds, J.
This is an action in assumpsit upon the common counts simply, to recover the purchase money upon a contract under seal for the sale of land. The defendant pleaded the general issue. To prove her case, the plaintiff introduced evidence to the effect that the defendant, by his agent, had represented the title to the premises to be perfect, and that she had purchased relying upon such representations, but that, in. truth and fact, such representations were fraudulent. She introduced a contract of sale to prove its terms, and the amount she had paid on the same. The defendant objected to this…
2Cases cited5 opinions
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
- Young v. BradleySupreme Court of the United States · 1880
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Jolly v. SingleWisconsin Supreme Court · 1862
3Cited by3 opinions
- Johnson v. JohnsonNew Mexico Supreme Court · 1964
- Monge v. Rojas (In Re Monge)Court of Appeals for the Fifth Circuit · 2016
- Gottwald v. WeeksNew Mexico Supreme Court · 1936