Legal Opinion
Fleming v. Phelps-Dodge Corporation
New Mexico Court of Appeals
Decided April 21, 1972No. 797PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The dispositive issues involve the Construction Industries Licensing Act. Sec'tions 67-35-1 through 67-35-63, N.M.S.A. 1953 (Repl.Vol. 10, pt. 1, Supp.1971). They are: (1) whether the plaintiff was a contractor within the meaning of § 67-35-3, supra; (2) whether plaintiff’s asserted contract was excluded from § 67-35-3, supra; and (3) whether his damage claim may be maintained even if he is an unlicensed contractor.
The issues are raised by plaintiff’s appeal from a summary judgment in favor of defendant. In reviewing the summary judgment, we consider only undisputed…
2Cases cited8 opinions
- Desmet v. SublettNew Mexico Supreme Court · 1950
- Measday v. SweazeaNew Mexico Court of Appeals · 1968
- Campbell v. SmithNew Mexico Supreme Court · 1961
- Kaiser v. ThomsonNew Mexico Supreme Court · 1951
- Worley v. United States Borax and Chemical Corp.New Mexico Supreme Court · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wood Bros. Homes, Inc. v. Walker Adjustment BureauSupreme Court of Colorado · 1979
- Capo v. Century Life InsuranceNew Mexico Supreme Court · 1980
- Rummel v. St. Paul Surplus Lines InsuranceNew Mexico Supreme Court · 1997
- MGM Grand Hotel, Inc. v. Imperial Glass Co.Court of Appeals for the Ninth Circuit · 1976
- Verchinski v. KleinNew Mexico Supreme Court · 1987
6 more not listed; retrieve them via the Exa API.