· 7/9/1991
FIRST NAT. BANK IN ALBUQUERQUE v. Sanchez
Citations
- 815 P.2d 613
- 112 N.M. 317
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that damages 18 were speculative when the plaintiff simply provided estimates and made no effort to 19 quantify the amount of damages
- holding that a new trial was required due to inadequate 16 proof of damages on which the jury was instructed
- stating that “when it is possible to present accurate evidence on the amount of damages, the party upon whom the burden rests to prove damages must present such evidence”
- explaining that the doctrine of economic duress, which may be asserted by way of defense to an action to enforce a contractual agreement, is designed to discourage or prevent abuse of power in the bargaining process
- the trial court has “the exclusive province and responsibility” of telling the jury whether conduct is or is not “legal”
- for breach of contract, recovery allowed for consequential damages only if they were within contemplation of parties at time of contracting
Source: CourtListener parenthetical corpus (CC0).
Judges: Ransom, Sosa, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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