Rice v. Hardwick
New Mexico Supreme Court
Appeal from the District Court of Chaves County, before William II. Pope, Chief Justice. Collateral promise within the statute of frauds. Benjamin on Contracts, 73; Beach on Contracts, 505; Cyc. vol. 20, p. 188; Davis v. Patrick, 141 U. S. 488; Bixby v. Church, 4,2 Pac. 613; Deegan v. Conzelmann, 31 Mr. 424-; Farmer’s etc.
Read the full summary
Appeal from the District Court of Chaves County, before William II. Pope, Chief Justice. Collateral promise within the statute of frauds. Benjamin on Contracts, 73; Beach on Contracts, 505; Cyc. vol. 20, p. 188; Davis v. Patrick, 141 U. S. 488; Bixby v. Church, 4,2 Pac. 613; Deegan v. Conzelmann, 31 Mr. 424-; Farmer’s etc. Bank v. Spear, 156 111. 555; 41 N. E. 164. An original promise must be supported by a valuable consideration.’ Benjamin on Contracts, 31; Beach on Contracts, sec. 4; ICingley v. Baleóme, 4 Barb. 131; Chandler v. Davidson, 6 Black! 367. The question of whether the promise is…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
There is no dispute as to the facts in this case, as there was no conflict in the testimony, so the only question for determination is, whether the facts proven, and as found by the Court, establishes an original undertaking on the part of appellant Eice, to execute his promissory note to the appellee, Hardwick, when Fox & Disney had drilled a well for him to the depth of 1,000 feet. Appellant contends that the promise was collateral, therefore within the statute of frauds, and unenforcible.
2 Appellant, on the witness stand admitted that he agreed to execute…
2Cases cited3 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Storm v. United StatesSupreme Court of the United States · 1877
3Cited by7 opinions
- Telman v. GallesNew Mexico Supreme Court · 1936
- State Ex Rel. Electric Supply Co. v. Kitchens Construction, Inc.New Mexico Supreme Court · 1988
- Banes Agency v. ChinoNew Mexico Supreme Court · 1955
- Beacon Supply Company v. American Fiber Corp.New Mexico Supreme Court · 1965
- Peterson v. RoweNew Mexico Supreme Court · 1957
2 more not listed; retrieve them via the Exa API.