Culp v. Sandoval

Citations

• 22 N.M. 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a person has agreed to perform an act, whatever is necessary to the performance of the act is a part of the agreement, and it is implied that he must furnish the means of accomplishing the act; hence, when a vendor has contracted to sell gpods f. o. b. cars, he must procure the cars and load the goods thereon. P. 73</p> <p>2. Where, under a contract the vendor reserves unto himself the option of delivering the -goods sold to the vendee, on board a vessel or the cars of a railroad company, upon any one of 5 days or any one of 15 days, assuming that it is the duty of the vendee to furnish the vessel or cars, the vendor is obligated to notify the vendee at what time be proposes to deliver the goods. P. 81</p> <p>3. Where a party appealed from a judgment adverse to him in the district court and executed a supersedeas bond which stayed and suspended all proceedings under such judgment, and preserved tlie status quo pending tlie determination of the appeal and p rior to a final determination of the appeal, such party voluntarily pays and satisfies such judgment; such payment amounts to a voluntary acquiescence in and recognition of the validity of such judgment, and es-tops appellant from further prosecuting his appeal.</p> <p>P. 80</p>