Armijo v. Abeytia
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiffs, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. To establish a parol contract in discharge of a. previous contract under seal, requires no other or different evidence than would establish any contract not within the statute of frauds.
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Appeal, from a judgment in favor of plaintiffs, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. To establish a parol contract in discharge of a. previous contract under seal, requires no other or different evidence than would establish any contract not within the statute of frauds. Canal Co. v. Ray, 101 U. S. 527; Dearborn v. Cross, 7 Cowen (N.Y.), 48; LaFevre v. LaFevre, 4 S. & R. 241; Fleming v. Gilbert, 3 Johnson, 527. The court erred in sustaining the demurrer tO’ defendants’ second additional plea. Dearborn, v. Cross, 7 Cowen,…
1Opinion of the CourtSeeds, J.
The abstract of the record in this case was filed in the supreme court upon January —, 1889, being only--days before the first day of the January term of that year. The appellants failed to deliver to the attorney of the appellees two copies of the transcript ten days before the first day of the term, as required by rule 23 of the rules of the supreme court. The first day of the 1889 term fell upon January 7. Upon the fifth day of January, 1889, the appellees gave notice to the appellants that they would upon January 8, being the second day of the term, move the court to strike the case from…
2Cases cited4 opinions
- Evans v. State BankSupreme Court of the United States · 1890
- Sparrow v. StrongSupreme Court of the United States · 1866
- Owings v. Lessee of TiernanSupreme Court of the United States · 1836
- Green v. Robert Wells & Co.California Supreme Court · 1852
3Cited by1 opinion
- W. Rodney Devilliers and Orco Corporation v. Atlas CorporationCourt of Appeals for the Tenth Circuit · 1966