Schwentker v. Hubbs
New Mexico Supreme Court
Appeal from Distirct Court, Bernalillo County; H. F.. Baynolds, Judge. Action by J. O. Schwentker against J. A. Hubbs and another. From judgment for defendants, plaintiff appeals. It is the duty of the court to state its findings of fact.
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Appeal from Distirct Court, Bernalillo County; H. F.. Baynolds, Judge. Action by J. O. Schwentker against J. A. Hubbs and another. From judgment for defendants, plaintiff appeals. It is the duty of the court to state its findings of fact. Sec. 4197, Code 1915; Luna v. R. R. Co., 16 N. M. 7L For law of construction of contracts see: Gamble v. Cuneo, 47 N. Y. Supp. 548. In absence of specific request for certain finding no objection can be taken to court’s finding in appellate court. Miller v. Stein, 84 Cal. 127; Prince v. Lynch, 38 Cal. 536; Hidden v. Jordon, 28 Cal. 305; Kahn v. Smelting-Co.,…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
[1] This action was instituted in the court below by appellant to recover from appellees an amount claimed to be due on a promissory note. Appellees denied liability, and by a counterclaim sought to recover from appellant certain sums theretofore paid as interest on the'note. The rights of the respective parties were dependent upon the construction of a certain clause in a contract between them, and two other parties who joined with appellant therein, which was ambiguous and of uncertain meaning. The trial court heard the evidence offered, vvhich fully…
2Cited by8 opinions
- Jernigan v. New Amsterdam Casualty CompanyNew Mexico Supreme Court · 1961
- Walters Ex Rel. Walters v. HastingsNew Mexico Supreme Court · 1972
- Harp v. GourleyNew Mexico Supreme Court · 1961
- Hill v. HartNew Mexico Supreme Court · 1917
- Bolds v. RandleSupreme Court of Oklahoma · 1932
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