Ross v. Carr
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. “An oiler to sell lands is personal to the proposed purchaser. No estate is vested in him by the offer, and therefore, his heirs have no right to accept the offer after his death.” 29 A. & E. Ene. Law, 2 ed. 595; Sutherland v. Parkins, 75 111. 342; Man v. Show, 51 Fed. 862; Neither is the right assignable. 29 Ene.
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Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. “An oiler to sell lands is personal to the proposed purchaser. No estate is vested in him by the offer, and therefore, his heirs have no right to accept the offer after his death.” 29 A. & E. Ene. Law, 2 ed. 595; Sutherland v. Parkins, 75 111. 342; Man v. Show, 51 Fed. 862; Neither is the right assignable. 29 Ene. Law, 2 ed. 595; 1 Warville on Yendors 187; Duncan v. Beard, 2 Nott & McC. 400, 404, cited in 1 Words & Phrases 584; Lechmere Bank v. Boynton, et ais, 11 Cusli. 379, 380. “The practice of…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
1. ’Tire first error assigned is that tire trial court committed error in overruling the demurrer interposed by the defendants to the sixth paragraph of the amended complaint.
This paragraph of the amended complaint is the one that sets up the second cause of action. Briefly, we may say that this paragraph sets out appellee’s original employment and by whom employed; the subject matter of the employment and the price for which the property was to be sold, with the further allegation that although the time limited for the consumation of the sale had expired,…
2Cases cited8 opinions
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Brady v. ConnellySupreme Court of Missouri · 1873
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3Cited by8 opinions
- Barber's Super Markets, Inc. v. StrykerNew Mexico Court of Appeals · 1972
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
- Armijo v. National Surety Corp.New Mexico Supreme Court · 1954
- Tsuboi v. CohnIdaho Supreme Court · 1924
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