Neher v. Viviani
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County' before Ira A. Abbott, Associate Justice. Where contract is silent as to time in which building should be completed and the evidence with reference to-the completion and date thereof is undisputed, it is error for the court to submit the question to the jury whether or not it was completed in reasonable time. Fleisehner, Mayer. & Co. v. Kubli, 20 Or. 339, 25 Pac. 1086; Howell v..
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Appeal from the District Court for Bernalillo County' before Ira A. Abbott, Associate Justice. Where contract is silent as to time in which building should be completed and the evidence with reference to-the completion and date thereof is undisputed, it is error for the court to submit the question to the jury whether or not it was completed in reasonable time. Fleisehner, Mayer. & Co. v. Kubli, 20 Or. 339, 25 Pac. 1086; Howell v.. Johnson, 38 Ore. 571, 64 Pac. 659/ G-oltra v. Penland, _77 Pae. 131/Ore.; Gilmore v. Wilbur, 22 Am. Dec. 413,. 12 Pick. 120; Morse v. Bellows, 28 Am. Dee. 377, 7 N…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
Numerous errors have been assigned in this case, but only a few of them seem to be relied upon by the -appellant, and those relied upon are discussed in appellant’s brief.
The first point contended for by the appellant involves the sixth and twelfth paragraphs of the court’s instructions to the jury. The sixth instruction was as follows:
“6. The agreement does not specify any time within which the building provided for should be completed, and you are instructed that its requirements were complied with in that particular if it was completed within a reasonable time…
2Cases cited1 opinion
- Hagerman v. CowlesNew Mexico Supreme Court · 1908
3Cited by3 opinions
- Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920
- Archuleta v. KoppNew Mexico Court of Appeals · 1977
- Archuleta v. KoppNew Mexico Court of Appeals · 1977