Legal Opinion

MB Oil Ltd., Co. v. City of Albuquerque

New Mexico Court of Appeals

Decided July 25, 2016No. S-1-SC-36053; Docket 34,493Published

1Opinion of the Court

OPINION

VANZI, Judge.

{1} The City of Albuquerque (the City) appeals from a judgment awarding nearly four million dollars in anticipatory profits for the wrongful termination of a supply contract (Contract) that was expressly terminable for cause or convenience. Because we conclude as a matter of law that the contract was not wrongfully terminated, we reverse and remand for entry of judgment in favor of the City.

BACKGROUND

{2} The following factual background is derived from the district court’s findings of fact, to which we generally defer, see State v. Munoz, 1998-NMCA-140, ¶ 14, 125 N.M. 765,…

2Cases cited19 opinions

  1. Torncello v. United StatesUnited States Court of Claims · 1982
  2. Kalvar Corp. v. United StatesUnited States Court of Claims · 1976
  3. Knotts v. United StatesUnited States Court of Claims · 1954
  4. Melnick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1988
  5. Krygoski Construction Company, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1996

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