Hawkins v. Berlin

Citations

• 27 N.M. 164
• 201 P. 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>■ 1. Where parties to a contract involving the sale of lands enter into a supplemental agreement whereby the seller obligates himself to obtain a release or satisfaction of a specified mortgage deed, he cannot, after failing to obtain such release, assert or plead in excuse or justification that such mortgage was void, and nence there existed no necessity for a release thereof. ' ’ P. 167</p> <p>2. Held, that this is a suit by which appellee seeks to recover damages resulting from appellant’s breach of contract, and that the rule that a party to a contract cannot rescind and cancel without placing or offering to place the opposite party in statu quo is not applicable. P. 167</p> <p>3. Assignments of error, not argued in the brief, will be regarded as abandoned or waived. P. 168</p>