Roswell Nursery Co. v. Mielenz
New Mexico Supreme Court
Appeal from the District Court of Chaves County; John T. McClure, District Judge; In case of-the breach of an executory contract for the sale of goods, the seller cannot recover on the contract price but his right is limited to an action for damages. Acme Food Co. v. Older, 17 L. B. A. (N. S.) 807, et seq. and note; John Deere Plow Co. v. Gorman, 59 Pac. 177; American Hide & Leather Co. v. Chalkley, 44 S. E. 705; McCormick Harvesting Mach.
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Appeal from the District Court of Chaves County; John T. McClure, District Judge; In case of-the breach of an executory contract for the sale of goods, the seller cannot recover on the contract price but his right is limited to an action for damages. Acme Food Co. v. Older, 17 L. B. A. (N. S.) 807, et seq. and note; John Deere Plow Co. v. Gorman, 59 Pac. 177; American Hide & Leather Co. v. Chalkley, 44 S. E. 705; McCormick Harvesting Mach. Co. v. Balfney, 81 N. W. ■ 10; Stewart v. Scott,. 15 S. W. 463. The findings of fact made by a court under section 2999, C. L..1897, must be the same as,…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J. —
The first question presented for our consideration is that the judgment is contrary to the findings of fact. In this connection appellee urges that the so-called findings of fact are not the findings of fact contemplated by sec. 2999 of the Compiled Laws of 1897, because not in writing, or requested in writing, or signed by the judge and filed with the clerk.
In view of our conclusion, in this case that the findings of fact are not contrary to the judgment rendered for reasons that will appear in this opinion, the' contention of appellee becomes an abstract…
2Cited by6 opinions
- Crosthwait v. WhiteNew Mexico Supreme Court · 1951
- Valencia Water Co. v. NeilsonNew Mexico Supreme Court · 1920
- Atchison, Topeka & Santa Fe Railway Co. v. State Corp. CommissionNew Mexico Supreme Court · 1969
- Foster v. Montgomery Ward & Co.Washington Supreme Court · 1945
- Atchison, T. & SF Ry. Co. v. STATE CORP. COM'NNew Mexico Supreme Court · 1969
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