Spencer v. Gross, Kelly & Co.
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Raynolds, Judge. Action by’ Benjamin B. Spencer against Gross Kelly & Go. and Richard Dunn and Edward B1. Wheeler, eo-partners, trading under the name of the Mora Timber Company, with counterclaim by defendants. Judgment for plaintiff, and defendants appeal. Rule of damages where one party prevents another from performing contract. 3 Elliott on Contracts, Sec. 149; W. TJ. Tel. Cb. v. Long-well, 21 Pac. (N. M.) 339.
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
This case arose out of, an alleged breach of contract entered into between appellee and appellant, Mora Timber Company, a co-partnership composed of Gross Kelly & Co., a corporation, Richard Dunn, and Edward B-. Wheeler, which contract was entered into on the 27th day of June, 1907. Under the contract appellee was to cut all standing timber measuring fourteen inches in diameter inside the bark at the stump on the west half of section 1 and on section 2 in township 4 north, range 5' then owned by the appellants, and to deliver the same to his mill, and there saw…
2Cases cited14 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Hale v. TroutCalifornia Supreme Court · 1868
- Perry v. Simpson Waterproof Manufacturing Co.Supreme Court of Connecticut · 1871
- James v. HoodNew Mexico Supreme Court · 1914
- King & Graham v. SteirenSupreme Court of Pennsylvania · 1862
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3Cited by6 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
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- Marchant v. McDonaldNew Mexico Supreme Court · 1933
- State v. GutierrezNew Mexico Supreme Court · 1965
- Rheinboldt v. FustonNew Mexico Supreme Court · 1929
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