DeBaca, Inc. v. Montoya
New Mexico Supreme Court
1Opinion of the Court
OPINION
EASLEY, Justice.
Plaintiff-appellant, DeBaca, Inc. (DeBaca) filed suit against Montoya Brothers, a partnership, defendants-appellees (the brothers) and Manuel Montoya, father of the brothers, defendant-appellee (Montoya) alleging fraud and breach of a lease agreement. Montoya moved to dismiss DeBaca’s complaint on grounds that it failed to state a claim. The trial court dismissed the complaint as to Montoya, and DeBaca appeals. We reverse the decision of the trial court.
The Issues
Where a written lease is involved and a claim is made against an alleged wholly-undisclosed principal, may…
2Cases cited6 opinions
- Jones v. International Union of Operating EngineersNew Mexico Supreme Court · 1963
- Hall v. BudagherNew Mexico Supreme Court · 1966
- Ramsey v. ZeignerNew Mexico Supreme Court · 1968
- Kennedy v. JustusNew Mexico Supreme Court · 1958
- Rubenstein v. WeilNew Mexico Supreme Court · 1965
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3Cited by8 opinions
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- Barron v. Evangelical Lutheran Good Samaritan SocietyNew Mexico Court of Appeals · 2011
- Fasulo v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1989
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