Nichols Corp. v. Bill Stuckman Construction, Inc.

(dissenting); SOSA, Senior Justice (concurring in dissent).

I dissent from the majority’s opinion because the record does not support the trial court’s submission of the partnership issue to the jury. See, NMSA 1978, Civ.P.R. 50 (Repl.Pamp.1980); Owen v. Burn Construction Co., 90 N.M. 297, 563 P.2d 91 (1977); State Farm Fire and Casualty Co. v. Price, 101 N.M. 438, 684 P.2d 524 (Ct.App.), cert. denied, 101 N.M. 362, 683 P.2d 44 (1984). I am persuaded by Stuckman’s basic contention that had proper instructions been given, no reasonable jury could have concluded under the evidence presented in…