Legal Opinion

DeBaca, Inc. v. Montoya

New Mexico Supreme Court

Decided February 28, 1978No. 11557PublishedCited by 8 opinions

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

  1. Jones v. International Union of Operating EngineersNew Mexico Supreme Court · 1963
  2. Hall v. BudagherNew Mexico Supreme Court · 1966
  3. Ramsey v. ZeignerNew Mexico Supreme Court · 1968
  4. Kennedy v. JustusNew Mexico Supreme Court · 1958
  5. Rubenstein v. WeilNew Mexico Supreme Court · 1965

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Vickers v. North American Land Developments, Inc.New Mexico Supreme Court · 1980
  2. San Juan Agricultural Water Users Ass'n v. KNME-TVNew Mexico Supreme Court · 2011
  3. Baer v. Regents of University of Cal.New Mexico Court of Appeals · 1994
  4. Barron v. Evangelical Lutheran Good Samaritan SocietyNew Mexico Court of Appeals · 2011
  5. Fasulo v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1989

3 more not listed; retrieve them via the Exa API.

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