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· 2/26/1986

Wall v. Pate

Citations

  • 715 P.2d 449
  • 104 N.M. 1

How courts have described this case

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

  • suggesting that the conditions required for an award of special damages must include a “tacit agreement” (citing Globe Ref. Co. v. Landa Cotton Oil Co., 190 U.S. 540, 543-44 (1903))
  • special damages may be awarded if the loss was foreseeable by breaching party at time of contracting
  • in the event of a breach of a land sale contract, sellers are restricted to general damages computed under the loss of the bargain rule, unless the sellers prove that they have incurred special damages
  • special damage arising from breach of contract must be expenses which are not expected to occur regularly to other plaintiffs and which are shown to have been within the contemplation of the parties at the time of the formation of the contract

Source: CourtListener parenthetical corpus (CC0).

Judges: Walters, Riordan, Sosa

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.