Legal Opinion

Viramontes v. Fox

New Mexico Supreme Court

Decided February 24, 1959No. 6449PublishedCited by 32 opinions

1Opinion of the Court

McGHEE, Justice.

The defendant (appellant) appeals from a jury verdict and judgment awarding the plaintiff (appellee) $5,900 earnest money as liquidated damages pursuant to a forfeiture provision contained in a contract for the purchase and sale of a farm owned by the plaintiff.

The terms of the agreement are embodied in a binder or preliminary contract employed by A. T. Cox, the real estate broker who brought the parties together, and reads as follows:

“Date Jan. 15, 1957
“Received of Glen Fox $5,900.00 being a deposit on the purchase of the following property:
“640 acres, 13 miles east of Deming…

2Cases cited20 opinions

  1. Olguin v. ThygesenNew Mexico Supreme Court · 1943
  2. Crocker v. JohnstonNew Mexico Supreme Court · 1939
  3. Bell v. LammonNew Mexico Supreme Court · 1947
  4. Snodgrass v. Turner Tourist Hotels, Inc.New Mexico Supreme Court · 1941
  5. Armstrong v. RossWest Virginia Supreme Court · 1906

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

3Cited by32 opinions

  1. Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967
  2. Sauter v. St. Michael's CollegeNew Mexico Supreme Court · 1962
  3. Maxey v. QuintanaNew Mexico Court of Appeals · 1972
  4. Gilmore v. DuderstadtNew Mexico Court of Appeals · 1998
  5. Romero v. H. A. Lott, Inc.New Mexico Supreme Court · 1962

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

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