McCall v. Wagner Equipment Co.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO D. MCCALL, Plaintiff, v. No. 1:21-cv-00715-DHU-LF WAGNER EQUIPMENT CO., a foreign for-profit corporation, Defendant. MEMORANDUM OPINION AND ORDER This is a dispute over whether Defendant Wagner Equipment Co. reneged on an oral promise to pay Plaintiff D. McCall a 1% fee for his services in a real estate transaction. In Defendant’s Motion for Summary Judgment, Defendant argues that it never agreed to pay Plaintiff a fee, and that even if it had, such an agreement would be unenforceable under N.M. Stat. Ann. § 47–1–45, which…