Legal Opinion

Eker Bros. Inc. v. Rehders

New Mexico Court of Appeals

Decided August 2, 2011No. 29,839PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} Eker Brothers, Inc. (Subcontractor) sued John G. Rehders, General Contractor, Inc. (General) seeking payment for work Subcontractor had performed. The district court found that Subcontractor was owed $74,964.05 and that General had incurred $42,448.20 in damages, but that Subcontractor’s “claims [were] barred by its willful, material^] and anticipatory breach of the parties’ contract.” The court awarded General $42,448.29. 1 We conclude that the district court erred by not offsetting General’s damages against the benefit General received from Subcontractor’s…

2Cases cited16 opinions

  1. C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991
  2. Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
  3. Central SEC. and Alarm Co., Inc. v. MehlerNew Mexico Court of Appeals · 1996
  4. United Properties Ltd. v. Walgreen Properties, Inc.New Mexico Court of Appeals · 2003
  5. Board of Education of Alamogordo Public School District No. 1. v. JenningsNew Mexico Supreme Court · 1985

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3Cited by8 opinions

  1. Abraham v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
  2. Wagner v. Pruett (In re Vaughan Co., Realtors)United States Bankruptcy Court, D. New Mexico · 2012
  3. Unified Contractor, Inc. v. Albuquerque Housing Auth.New Mexico Court of Appeals · 2017
  4. Wagner v. GalbrethDistrict Court, D. New Mexico · 2013
  5. W. Albuquerque Land Holdings, LLC v. Westland Partners, LLCNew Mexico Court of Appeals · 2024

3 more not listed; retrieve them via the Exa API.

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