Duncan v. Holder
New Mexico Supreme Court
Appeal from the District Court for Choros County-before W. H. Pope, Associate Justice. An instruction which assumes a fact as proved, where-the evidence is conflicting or against said fact,, is erroneous and prejudicial. Thompson on Trials, vol. 2, p. 1646, sec.. 2295; Bates v. Hearte, 82 Am.
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Appeal from the District Court for Choros County-before W. H. Pope, Associate Justice. An instruction which assumes a fact as proved, where-the evidence is conflicting or against said fact,, is erroneous and prejudicial. Thompson on Trials, vol. 2, p. 1646, sec.. 2295; Bates v. Hearte, 82 Am. St. Rep. 187. There is only one rule for measuring a party’s damage when he has been induced by fraud to part with his property and that is, he is entitled to recover the difference-in value between that which he received and retains as a consideration for his said properly, and the fair market value of…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, J.
1 1. It is claimed by counsel for appellants, that the evidence in this case, clearly shows that the relation of principal and agent did not exist between them and appellee. We have carefully exam- • ined the evidence in the record, and are of the opinion that it was sufficient on the question of agency to support the verdict of the jury, so that the same will not be disturbed, nor the judgment for that reason reversed. Green v. Brown & Manzanares Co., 11 N. M. 658, 72 Pac. 17.
2 3 2. The court instructed the jury that the limit of appellee’s recove^, if they…
2Cases cited9 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Grayson v. LynchSupreme Court of the United States · 1896
- Wasatch Mining Co. v. Crescent Mining Co.Supreme Court of the United States · 1893
- Burrow v. Kansas City, Ft. S. & M. R.U.S. Circuit Court for the District of Western Tennessee · 1893
- Gordon v. CampSupreme Court of Florida · 1849
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3Cited by6 opinions
- State v. EllisonNew Mexico Supreme Court · 1914
- Alvarado Min. & Mill Co. v. WarnockNew Mexico Supreme Court · 1919
- Cienfuegos v. PachecoNew Mexico Supreme Court · 1952
- Rice v. First Nat. Bank in AlbuquerqueNew Mexico Supreme Court · 1946
- Craig v. ParsonsNew Mexico Supreme Court · 1916
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