Electric Supply Co. v. United States Fidelity & Guaranty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when there was no surprise and no prejudice, defendant was entitled to rely on defense of accord and satisfaction in its summary judgment motion even though it was not included in the pleadings
• explaining that supplemental pleadings involve matters that arise after an original pleading was filed and amended pleadings include matters that occurred before the original pleading was filed
• concluding that the defendant did not waive a statute of limitations defense by failing to apply to the court to file a supplemental answer under Rule 1-015(D) NMRA; Rule 1-015(D) may have permitted supplementation, but cannot be read to require it to avoid waiver
• concluding that the defendant did not waive a statute of limitations defense by failing to apply to the court to file a supplemental answer under Rule 1-015(D) NMRA; Rule 1-015(D) may have permitted supplementation, but cannot be read to require it to avoid waiver
• holding 9 that in the absence of surprise or prejudice, the failure to allege the defense of accord 10 and satisfaction in a supplemental pleading did not constitute waiver

Source: CourtListener parenthetical corpus (CC0).