Skip to main content
· 9/10/1982

Smith v. PRICE'S CREAMERIES, DIV., ETC.

Citations

  • 650 P.2d 825
  • 98 N.M. 541

How courts have described this case

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

  • noting that a party is generally “presumed to know the terms of the agreement, and to have agreed to each of its provisions in the absence of fraud, misrepresentation or other wrongful act of the contracting party”
  • allowing a “terminable at will” clause to stand in a contract governed by the Uniform Commercial Code
  • terms of contract made by parties govern their rights and duties
  • motivation of party in cancelling contract terminable-at-will is immaterial
  • “Generally, a party who executes and enters into a written contract with another is presumed to know the terms of the agreement, and to have agreed to each of its provisions in the absence of fraud, misrepresentation or other wrongful act of the contracting party.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Donnelly, Sosa, Payne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.