Baca v. Fleming
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Elfego Baca against John Fleming. Demurrer to complaint filed under stipulation was overruled, and motion to strike out an amended and supplemented complaint was denied, and-judgment for plaintiff, and defendant appeals.
1Opinion of the Court
OPINION OF THE COURT
ROBERTS, J.
On September 3, 1917, appellee filed a complaint in the district court of Socorro county, in which he sought to recover damages from appellant for breach of an oral warranty alleged to have been made upon the purchase by appellee from appellant of a Saxon four-passenger automobile. In his complaint he alleged that he purchased the machine on June 27, 1917, under an oral contract by which he agreed to pay, and did pay, the sum of $1,100; that the automobile was warranted by appellant to be free from defects in material and workmanship, and that the appellant…
2Cases cited7 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Harrison v. FortlageSupreme Court of the United States · 1896
- Welz v. RhodiusIndiana Supreme Court · 1882
- McAleer v. United StatesSupreme Court of the United States · 1893
- Bijur Motor Lighting Co. v. Eclipse Mach. Co.Court of Appeals for the Second Circuit · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chaves County Building & Loan Ass'n v. HodgesNew Mexico Supreme Court · 1936
- Alford v. RowellNew Mexico Supreme Court · 1940
- Prentice v. CainNew Mexico Supreme Court · 1921
- Yarbro v. KouryNew Mexico Supreme Court · 1963
- Turner v. DentonNew Mexico Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.