Cowles v. Hagerman

Citations

• 15 N.M. 600
• 110 P. 843

Syllabus

<p>. SYLLABUS.</p> <p>1. The contract sued on is silent as to the time for complete performance and in such case the law requires the same to he performed within a reasonable time from the date of the contract.</p> <p>2. Upon former trial of case upon the same evidence, the court held that it was for the jury whether the contract had been performed in reasonable time and upon this issue the former decision has become the law of the case.</p> <p>3. Neither the payments made nor the failure of the appellee to stop the work sooner furnish any evidence of any intention by the appellee to accept the work or waive any defense he might have under the law, growing out of the failure of the appellant to perform the contract.</p> <p>4. Instructions must be based upon the evidence and where there was no evidence to warrant a requested instruction it was not error for the court.to refuse to give it.</p> <p>5. The appellee in notifying appellant to stop work took the responsibility of liability to pay, in the event of the court’s finding that the contract had been performed within a reasonable time.</p> <p>6. Instructions given in court below concisely stated the law applicable to liability or non-liability of the appellee.</p> <p>7. Judgment rendered upon verdict by jury supported by substantial evidence should not be disturbed by appellate court.</p> <p>8.Evidence did not warrant recovery upon quantum meruit for the value of the labor performed.</p>