Legal Opinion
Hiatt v. Keil
New Mexico Supreme Court
Decided June 8, 1987No. 16862PublishedCited by 14 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
Plaintiff’s motion for rehearing is granted. The Decision filed May 8, 1987, is withdrawn and the following Opinion is substituted therefor:
OPINION
WALTERS, Justice.
Hiatt sued Keil for foreclosure of a materialman’s lien; Keil counterclaimed for breach of contract. On the morning of trial, Hiatt moved for a directed verdict on the pleadings, arguing an open account pursuant to NMSA 1978, Section 38-7-1, and citing Keil’s failure to deny under oath the amount due. The trial court concluded there was an open account and granted Hiatt’s motion before proceeding to a jury…
2Cases cited11 opinions
- Woodson v. Phillips Petroleum Co.New Mexico Supreme Court · 1985
- Southern Union Exploration Co. v. Wynn Exploration Co.New Mexico Court of Appeals · 1981
- Wolf and Klar Cos. v. GarnerNew Mexico Supreme Court · 1984
- Utah Farm Production Credit Ass'n v. CoxUtah Supreme Court · 1981
- Gentry v. GentryNew Mexico Supreme Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hinkle, Cox, Eaton, Coffield & Hensley v. Cadle Co. of Ohio, Inc.New Mexico Supreme Court · 1993
- Fort Knox Self Storage v. WesternNew Mexico Court of Appeals · 2006
- Fort Knox Self Storage, Inc. v. Western Technologies, Inc.New Mexico Court of Appeals · 2006
- Lenz v. ChalamidasNew Mexico Supreme Court · 1989
- Ulibarri v. GeeNew Mexico Supreme Court · 1987
9 more not listed; retrieve them via the Exa API.