Legal Opinion
Vesper Construction Company, Inc., a New Mexico Corporation v. Rain for Rent, Inc., an Arizona Corporation
Court of Appeals for the Tenth Circuit
Decided September 6, 1979No. 77-1711PublishedCited by 13 opinions
1Opinion of the Court
MARKEY, Chief Judge.
Appeal from judgment of the United States District Court for the District of New Mexico, on a jury verdict awarding Vesper Construction Co. (Vesper) $300,000 for breach of contract by Rain For Rent, Inc. (Rain). Denial of a jury trial on Rain’s Miller Act counterclaim, exclusion of certain reports, and jury instructions on damages in construction cases, are involved. We affirm.
Background
The Contract
Vesper held a subcontract for excavation and road building on the Bureau of Reclamation’s Navajo Indian Irrigation Project near Farmington, New Mexico. Part of that work…
2Cases cited18 opinions
- Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
- Commerce International Company, Inc. v. The United StatesUnited States Court of Claims · 1964
- James A. Boyajian, Assignee of Triumph Manufacturing Company, Bankrupt v. The United StatesUnited States Court of Claims · 1970
- Laburnum Construction Corporation v. The United StatesUnited States Court of Claims · 1963
- Bank of New Mexico v. RiceNew Mexico Supreme Court · 1967
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kaiser Steel Corp. v. Frates (In re Kaiser Steel Corp.)Court of Appeals for the Tenth Circuit · 1990
- Nutraceutical Corp. v. Von EschenbachCourt of Appeals for the Tenth Circuit · 2006
- prod.liab.rep. (Cch) P 14,855 Outboard Marine Corporation v. Babcock Industries, Inc.Court of Appeals for the Seventh Circuit · 1997
- In re D.M.C.District of Columbia Court of Appeals · 1986
- Tuttle/White Constructors v. MONTGOMERY, ETC.District Court of Appeal of Florida · 1980
8 more not listed; retrieve them via the Exa API.