Legal Opinion
Sparks v. Melmar Corp.
New Mexico Supreme Court
Decided August 23, 1979No. 12111PublishedCited by 5 opinions
1Opinion of the Court
OPINION
EASLEY, Justice.
Sparks sued Melmar for breach of warranty in the construction of a house, alleging that the wall texturing and paint on the interior walls was continually peeling off. Melmar brought in Williams as a third-party defendant on a claim for indemnification. The trial court granted summary judgment to Melmar, and Sparks appealed. We reverse.
We inquire (1) whether the evidence raises an issue of fact that the defect was due to faulty workmanship or materials, (2) whether the one-year limited warranty provided in the contract applies, (3) whether Sparks was contributorily…
2Cases cited7 opinions
- Hyder v. BrentonNew Mexico Court of Appeals · 1979
- Smith Construction Co. v. Knights of Columbus, Council 1226New Mexico Supreme Court · 1974
- State v. VallejosNew Mexico Court of Appeals · 1979
- Wisehart v. Mountain States Telephone & Telegraph Co.New Mexico Court of Appeals · 1969
- AAMCO Transmissions, Inc. v. Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Medina v. FullerNew Mexico Court of Appeals · 1998
- Tinley v. DavisNew Mexico Court of Appeals · 1980
- Spinoso v. Rio Rancho Estates, Inc.New Mexico Court of Appeals · 1981
- Transamerica Insurance v. SydowNew Mexico Supreme Court · 1988
- Spinoso v. Rio Rancho Estates, Inc.New Mexico Court of Appeals · 1981