Hydro Conduit Corp. v. Kemble

How courts have described this case

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

• finding that unjust enrichment was an action “based on contract” for the purposes of New Mexico’s governmental immunity statute
• finding that unjust enrichment will not lie against a property owner who has already paid for the benefit supplied by the subcontractor
• recognizing the general rule that the subcontractor’s claim of unjust enrichment cannot be sustained against the owner when the owner has paid the general contractor for the work performed and material supplied
• distinguishing between contract implied in law based on obligations created by law for reasons of justice, and contract implied in fact based on parties' mutual assent as manifested by their conduct
• claim against state for restitution, based on unjust enrichment, barred by sovereign immunity as reinstated by NMSA 1978, § 37-1-23
• “[T]he common law now recognizes a constitutionally valid statutory imposition of sovereign immunity, and such immunity must be honored by the courts where the legislature has so mandated.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

• Robinson v. Colorado State Lottery Division
  Supreme Court of Colorado· 2008-03-24· cited 236×
• Hartbarger v. Frank Paxton Co.
  New Mexico Supreme Court· 1993-06-14· cited 115×
• Handmaker v. Henney
  New Mexico Supreme Court· 1999-11-17· cited 90×
• Garcia v. Middle Rio Grande Conservancy District
  New Mexico Supreme Court· 1996-05-21· cited 83×
• Ontiveros Insulation Co., Inc. v. Sanchez
  New Mexico Court of Appeals· 2000-05-15· cited 77×
• Valdez v. State
  New Mexico Supreme Court· 2002-09-04· cited 68×
• Village of Angel Fire v. Board of County Commissioners
  New Mexico Court of Appeals· 2010-03-25· cited 46×
• Torrance County Mental Health Program, Inc. v. New Mexico Health & Environment Department
  New Mexico Supreme Court· 1992-04-13· cited 45×
• In re Processed Egg Products Antitrust Litigation
  E.D. Pennsylvania· 2012-03-20· cited 45×
• Sunwest Bank of Albuquerque, N.A. v. Colucci
  New Mexico Supreme Court· 1994-03-10· cited 43×
• Village of Angel Fire v. COLFAX CO. BCC
  New Mexico Court of Appeals· 2010-03-25· cited 43×
• Starko, Inc. v. PRESBYTERIAN HEALTH PLAN
  New Mexico Court of Appeals· 2011-12-15· cited 36×
• Heimann v. Kinder-Morgan CO2 Co.
  New Mexico Court of Appeals· 2006-08-08· cited 36×
• Cockrell v. Board of Regents of New Mexico State University
  New Mexico Supreme Court· 2002-03-27· cited 34×
• Presbyterian Healthcare Services v. Goldman, Sachs & Co.
  D. New Mexico· 2015-08-14· cited 27×
• Starko, Inc. v. Presbyterian Health Plan, Inc.
  New Mexico Court of Appeals· 2012-02-13· cited 26×
• Ag Services of America, Inc. v. Nielsen
  Tenth Circuit· 2000-11-06· cited 22×
• Dacy v. Village of Ruidoso
  New Mexico Supreme Court· 1992-11-19· cited 22×
• Applied Capital, Inc. v. Gibson
  D. New Mexico· 2007-08-31· cited 21×
• Abraham v. WPX Energy Production, LLC
  D. New Mexico· 2014-05-09· cited 21×