Armstrong v. Aragon
New Mexico Supreme Court
Appeal from the district court of Lincoln county, before Frank W. Parker, Associate Justice. Under the statutes of New Mexico the plaintiff' in error is entitled to recover one hundred dollars. Secs. 3199-3200 and 3208 Compiled Laws 1897. An agency once established is presumed to exist unt.il notice is given by the principal to the contrary.
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Appeal from the district court of Lincoln county, before Frank W. Parker, Associate Justice. Under the statutes of New Mexico the plaintiff' in error is entitled to recover one hundred dollars. Secs. 3199-3200 and 3208 Compiled Laws 1897. An agency once established is presumed to exist unt.il notice is given by the principal to the contrary. Parsons on Contracts, Yol. 1 p. 45, (6th Ed.) An agent who has power to do a particular act, has also the power to do whatever belongs to the doing of such act, or is necessary to its performance. Law. v. Stakes, 90 Am. Dee. p. 655; Percy v. Hedrick, 2…
1Opinion of the Court
OPINION OF THE COURT.
POPE, J.
— The record presents two questions: First, did the court err in instructing the jury to find a verdict for the defendant? and second, did the court err in refusing to grant a new trial upon the showing made?
1 2 Upon, the first of these propositions it is the well settled rule in this Territory that where there is no evidence to sustain a verdict against the defendant, or where the court would be compelled to set aside a verdict against the defendant, if returned, the court has power to direct a verdict in favor- of the defendant. Candelaria v. A., T. & S. F. Ry.…
2Cited by4 opinions
- Roswell State Bank v. Lawrence Walker Cotton Co.New Mexico Supreme Court · 1952
- Di Palma v. WeinmanNew Mexico Supreme Court · 1905
- Snure v. SkipworthNew Mexico Supreme Court · 1956
- State v. WintersNew Mexico Court of Appeals · 2015