Legal Opinion
Gawlick v. American Builders Supply, Inc.
New Mexico Court of Appeals
Decided January 23, 1974No. 1329PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The two issues concern damages. They are: (1) the proper measure of damages recoverable under New Mexico’s “Uniform Commercial Code” [§ 50A — 1-101 et seq., N.M.S.A.1953 (Repl.Vol. 8, pt. 1)] when there has been a revocation of acceptance and (2) whether there may be an offset to such damages.
Unchallenged findings of the small claims court follow. Plaintiff purchased an automobile from defendant for $600.00. Defendant warranted the title to the vehicle was clear and promised to deliver a clear title certificate “in a week.” Plaintiff made several demands for the…
2Cases cited5 opinions
- Bank of New Mexico v. RiceNew Mexico Supreme Court · 1967
- Lanners v. WhitneyOregon Supreme Court · 1967
- Moore v. Howard Pontiac-American, Inc.Court of Appeals of Tennessee · 1972
- Amer. Container Corp. v. Hanley Trucking Corp.New Jersey Superior Court Appellate Division · 1970
- Anderson v. Jenkins Construction Co.New Mexico Court of Appeals · 1971
3Cited by15 opinions
- General Motors Acceptance Corp. v. AnayaNew Mexico Supreme Court · 1985
- Barco Auto Leasing Corp. v. HouseSupreme Court of Connecticut · 1987
- Stroh v. American Recreation & Mobile Home Corp.Colorado Court of Appeals · 1975
- City Nat. Bank of Charleston v. WellsWest Virginia Supreme Court · 1989
- Welken v. ConleyNorth Dakota Supreme Court · 1977
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