Legal Opinion
Rust Tractor Co. v. Consolidated Constructors, Inc.
New Mexico Court of Appeals
Decided August 28, 1974No. 1276PublishedCited by 6 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
The claims in this case arise out of two separate lease transactions between plaintiff Rust, a Caterpillar tractor sales and leasing company, and defendant Consolidated, a construction firm.
The first transaction was the lease of a scraper for a period of three months. Approximately one month and nine days into the contract the scraper was accidentally submerged in a sewage lagoon. The next day Rust’s employees removed the scraper and took it to the Rust yard. Rust repaired the scraper extensively, going beyond the damage done in the lagoon to prepare it for pending sale.…
2Cases cited5 opinions
- Tipton v. ClowerNew Mexico Supreme Court · 1960
- Terrien v. Pawtucket Mutual Fire InsuranceSupreme Court of New Hampshire · 1950
- Miller v. Connecticut General Life Insurance Co.New Mexico Court of Appeals · 1972
- Farmers Mutual Hail Insurance Co. of Iowa v. StansburyCourt of Appeals of Texas · 1956
- Sackett v. Farmers Insurance ExchangeAppellate Division of the Superior Court of California · 1965
3Cited by6 opinions
- Rodemich v. State Farm Mutual Automobile InsuranceCourt of Appeals of Arizona · 1981
- Associated Aviation Underwriters v. George Koch Sons, Inc.Indiana Court of Appeals · 1999
- Compagnie Des Bauxites De Guinee v. Insurance Co. of North AmericaDistrict Court, W.D. Pennsylvania · 1983
- Treloar v. County of ChavesNew Mexico Court of Appeals · 2001
- Harleysville Mutual Insurance v. Five Points Fire Co. No. 1, Inc.Superior Court of Delaware · 1982
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