Walters v. Battenfield
New Mexico Supreme Court
Appeal from District Court, Eoosevelt County; John T. McClure, Judge. Action by Till Walters against William Battenfield. From a judgment for plaintiff, defendant appeals. Appellee had the- affirmative, and the burden did not ■ shift. The answer was argumentative and did not confess and avoid. 2 Jones Comm, on Ev., sec. 177; Simonton v. Winter, 5 Pet. 141; Scott v. Wood, 22 Pac.
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Appeal from District Court, Eoosevelt County; John T. McClure, Judge. Action by Till Walters against William Battenfield. From a judgment for plaintiff, defendant appeals. Appellee had the- affirmative, and the burden did not ■ shift. The answer was argumentative and did not confess and avoid. 2 Jones Comm, on Ev., sec. 177; Simonton v. Winter, 5 Pet. 141; Scott v. Wood, 22 Pac. (Cal.) 871; Freemont, Elkhorn & Missouri Yalley Bailroad C.o. v. Harlin, (Neb.) 36 L. E. A. 417; Mobley v. Lyon et al., 134 Ga. 125, 19 Ann. Cas. 1004; McNutt v. Kaufman, 26 Ohio St. 127; Wall v. Hill’s Heirs/ (Ky.)…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
This is an action brought in the district court of Eoosevelt county by plaintiff, Till Walters, against defendant, William Battenfield, to recover $500 as commission for services rendered in a. real estate transaction between defendant and J. W. Greenwood. From a judgmetn in favor of plaintiff for $400, defendant appeals.
There is a direct conflict of evidence as to the terms of the oral contract entered into between plaintiff and defendant. On the part of plaintiff the evidence tended to show that in May, 1914, he and defendant entered into an oral contract by…
2Cases cited9 opinions
- Frisch v. CalerCalifornia Supreme Court · 1862
- Goddard v. FultonCalifornia Supreme Court · 1863
- Bolton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Alden v. CarpenterSupreme Court of Colorado · 1883
- Churchill v. BaumannCalifornia Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sais v. City Electric Co.New Mexico Supreme Court · 1920
- Hanks v. WalkerNew Mexico Supreme Court · 1955
- H. A. Seinsheimer & Co. v. JacobsonNew Mexico Supreme Court · 1918
- Bank of Commerce of Taiban v. DuckworthNew Mexico Supreme Court · 1922
- Rallis v. Connecticut Fire Ins. Co.New Mexico Supreme Court · 1941
1 more not listed; retrieve them via the Exa API.