Legal Opinion

Hill v. Hart

New Mexico Supreme Court

Decided August 23, 1917No. 2025PublishedCited by 8 opinions

Appeal from District Court, Bernalillo County; M. C. Mechem, Judge. Suit for specific performance by Catherine Hill against Martha E. Hart and others. Decree for plaintiff, and defendants appeal. The note and contract constituted a complete transaction and parol evidence was inadmissible to vary terms thereof.

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Appeal from District Court, Bernalillo County; M. C. Mechem, Judge. Suit for specific performance by Catherine Hill against Martha E. Hart and others. Decree for plaintiff, and defendants appeal. The note and contract constituted a complete transaction and parol evidence was inadmissible to vary terms thereof. Locke v. Murdoch, 151 Pac. 298. “Where a contract is partly printed and partly in writing, the written matter must prevail over the printed in ease of conflict between them. Hill v. Miller, 76 N. Y. 32; Clark v. Woodruff, 83 N. Y. 518; Harper v. Albany Mutual Insurance Co., 17 N. Y.…

1Opinion of the Court

OPINION OP THE COURT.

BOBEBTS, J.

This was a suit for the performance of a contract for the purchase of certain real estate described in the complaint, entered into by appellant and one Henry, deceased, and to quiet title to the same real estate, appellants being the heirs at law of Iienry. The facts, in brief, are that some time prior to the execution of the contract which forms the subject of this action Dr. Iienry entered into a contract for the sale of certain real estate in Albuquerque with one Annie Anderson, who was the mother of the appellee, and Mrs. Anderson was placed in possession…

2Cases cited4 opinions

  1. Nash v. TowneSupreme Court of the United States · 1867
  2. Union Land & Grazing Co. v. ArceNew Mexico Supreme Court · 1915
  3. Schwentker v. HubbsNew Mexico Supreme Court · 1915
  4. Bartels v. BrainUtah Supreme Court · 1896

3Cited by8 opinions

  1. C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991
  2. Jernigan v. New Amsterdam Casualty CompanyNew Mexico Supreme Court · 1961
  3. Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
  4. Harp v. GourleyNew Mexico Supreme Court · 1961
  5. Featherstone v. WalkerNew Mexico Supreme Court · 1939

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