Merchants' Nat. Bank of Clinton v. Otero
New Mexico Supreme Court
Appeal from District Court, Guadalupe County; Leahy, Judge. Action on note and mortgage by the Merchants’ National Bank of Clinton, Iowa, against the Lagunita Live Stock Company, the Salado Live Stock Company, J. J. Jaffa, trustee, and Miguel A. Otero, with answers by the Salado Live Stock Company and defendant Otero, seeking affirmative relief, combined with action by same plaintiff against Edward A. Austin and others. Judgment for defendants, and plaintiff appeals.
1Opinion
On Motion for Rehearing.
PaRker, J.
[5] A motion for rehearing has been interposed attacking the fourth paragraph of the opinion in regard to the measure of damages. If we understand the brief of appellee, he makes no claim but that the purchase price is the limit of recovery upon a breach of a covenant of warranty in every instance, whether the breach be total or partial. This is the almost universal rule, and is departed from, so far as we know, only in New England, where the measure of recovery upon the breach of a covenant of warranty is the value of the property lost at the time of the…
2Cases cited10 opinions
- Hynes v. PackardTexas Supreme Court · 1898
- Hymes v. . EstyNew York Court of Appeals · 1892
- Lloyd v. SanduskyIllinois Supreme Court · 1903
- Helton v. AsherCourt of Appeals of Kentucky · 1909
- Hoffman v. KirbyCalifornia Supreme Court · 1902
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