Mundy v. Irwin
New Mexico Supreme Court
Appeal from District Court, Chaves County; Ml. C. Mechem, Judge. Action by Ed. S. Mundy against W. J. Irwin. From decree for plaintiff, defendant appeals. Complaint is defective because of insufficient allegation as to description. Marriner v. Dennison, 20 Pac. 386; 76 Fed. 533. A contract which equity will specifically enforce must be specific in its terms and certain with reference to the description of the property and the estate to be conveyed.
Read the full summary
Appeal from District Court, Chaves County; Ml. C. Mechem, Judge. Action by Ed. S. Mundy against W. J. Irwin. From decree for plaintiff, defendant appeals. Complaint is defective because of insufficient allegation as to description. Marriner v. Dennison, 20 Pac. 386; 76 Fed. 533. A contract which equity will specifically enforce must be specific in its terms and certain with reference to the description of the property and the estate to be conveyed. Warville on Vendors, par. 96, vol. 1. A complaint which leaves any essential fact in doubt is bad. Sutherland PI. Pr. & Forms, par. 6951.…
1Opinion of the Court
OPINION OF THE COURT.
PABKEB, J.
— A motion to dismiss this appeal was denied. Mundy v. Irwin, 141 Pac. 877. We also then held that the bill of exceptions was not before us, because not properly certified, leaving only the record proper for consideration.
The amended complaint, upon which the case was tried, sets up three causes of action, all growing out of a written contract for the sale of land by one to the other of the parties thereto, being in reality an exchange or trade of land from one to the other. The first cause of action is for the reformation of the contract as to certain…
2Cases cited12 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Crockett v. GraySupreme Court of Kansas · 1884
- Union Pacific Railway Co. v. McAlpineSupreme Court of the United States · 1889
- Swain v. BurnetteCalifornia Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McCoy v. AlsupNew Mexico Court of Appeals · 1980
- Barker v. FrancisCourt of Appeals of Utah · 1987
- State v. MartinezNew Mexico Supreme Court · 1932
- Crawford v. CarterSouth Dakota Supreme Court · 1949
- McKinney v. Gannett Co., Inc.District Court, D. New Mexico · 1981
8 more not listed; retrieve them via the Exa API.