Cowles v. Hagerman
New Mexico Supreme Court
Appeal from the District Court for Chaves County before William H. Pope,- Chief Justice. Where there is no dispute as to the facts, the question of what is a reasonable time for the performance of a contract is for the court.
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Appeal from the District Court for Chaves County before William H. Pope,- Chief Justice. Where there is no dispute as to the facts, the question of what is a reasonable time for the performance of a contract is for the court. Nunez v. Dautel, 19 Wall. 560, 22 L. ed. 161; Herkinson v. Dry Placer Co., 6 Colo. 274; 9 Cyc. 615; Luckhart v. Ogden, 30 Cal. 547. Where one party to a contract fails to perform in a reasonable time, if the other party makes partial payments after such default, or urges or permits him to continue in the performance, or by his conduct treats the contract as still…
1Opinion of the Court
OPINION1 OF THE 'COURT.. McFIE, J".
1 The contract sued on in this case is silent as to the time of complete performance and in such case the law requires the same to be performed within a reasonable time from the date of the contract. Cyc. Vol. 9, p. 614, and citations, Neher v. Viviani, et al., decided at this term.
Upon, the trial, the court submitted the question of reasonable time to the jury as a question of fact, in paragraphs 12, 13, 14, and 15 of is instructions.
The first three assignments of error are based upon the giving of these instructions.
This question is not an open one on this…
2Cases cited3 opinions
- Hill v. HobartSupreme Judicial Court of Maine · 1839
- Luckhart v. OgdenCalifornia Supreme Court · 1866
- Hagerman v. CowlesNew Mexico Supreme Court · 1908
3Cited by4 opinions
- Farmers' State Bank of Texhoma v. Clayton Nat. BankNew Mexico Supreme Court · 1925
- Smith v. GalioNew Mexico Court of Appeals · 1980
- Mason v. Town of AndrewsSupreme Court of North Carolina · 1926
- Smith v. GalioNew Mexico Court of Appeals · 1980