Eker Bros. Inc. v. Rehders
New Mexico Court of Appeals
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
- C.R. Anthony Co. v. Loretto Mall PartnersNew Mexico Supreme Court · 1991
- Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
- Central SEC. and Alarm Co., Inc. v. MehlerNew Mexico Court of Appeals · 1996
- United Properties Ltd. v. Walgreen Properties, Inc.New Mexico Court of Appeals · 2003
- Board of Education of Alamogordo Public School District No. 1. v. JenningsNew Mexico Supreme Court · 1985
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3Cited by8 opinions
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- Wagner v. GalbrethDistrict Court, D. New Mexico · 2013
- W. Albuquerque Land Holdings, LLC v. Westland Partners, LLCNew Mexico Court of Appeals · 2024
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