Legal Opinion
Credit Institute v. Veterinary Nutrition Corp.
New Mexico Court of Appeals
Decided November 27, 2002No. 22,255PublishedCited by 19 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
{1} In this appeal, we address whether the trial court may sua sponte award equitable relief to a party on the basis of unjust enrichment in an action based solely on express contract under Article 2 of the Uniform Commercial Code, NMSA 1978, §§ 55-2-101 to - 725 (1961, as amended through 2001) (the UCC). We hold that the trial court erred in awarding restitution to Plaintiff where Defendant did not have actual notice of the theory of unjust enrichment, did not consent to the trial of the issue, and did not have a fair opportunity to defend against such a claim. We…
2Cases cited31 opinions
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- Continental Potash, Inc. v. Freeport-McMoran, Inc.New Mexico Supreme Court · 1993
- State Ex Rel. Newsome v. AlaridNew Mexico Supreme Court · 1977
- Cooper v. Chevron U.S.A., Inc.New Mexico Supreme Court · 2002
- Nearburg v. Yates Petroleum Corp.New Mexico Court of Appeals · 1997
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Abraham v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
- Applied Capital, Inc. v. GibsonDistrict Court, D. New Mexico · 2007
- Fallen v. GREP Southwest, LLCDistrict Court, D. New Mexico · 2017
- Rist v. Design Center at Floor ConceptsNew Mexico Court of Appeals · 2013
- BIO-TEC ENVIRONMENTAL, LLC v. AdamsDistrict Court, D. New Mexico · 2011
14 more not listed; retrieve them via the Exa API.