Adams v. Cox, 5395
| Decision Date | 11 August 1951 |
| Docket Number | No. 5395,5395 |
| Citation | 55 N.M. 444,234 P.2d 1043,1951 NMSC 62 |
| Parties | ADAMS v. COX. |
| Court | New Mexico Supreme Court |
Frazier, Quantius & Cusack, Roswell, for appellant.
A. B. Carpenter, Roswell, for appellee.
Appellant, a broker, brought, this action to recover a commission of $1,000 for the sale of certain real estate, the property of appellee. He contends that appellee employed him to sell the Lighthouse Laundry, and appurtenant premises, situated in Roswell, New Mexico, for the sum of $20,000 and agreed to pay a commission of five per cent for his services. He claims that he produced a purchaser who was able, willing and ready to perform and that appellee refused to pay the commission agreed upon.
Appellee admits the listing of the property but claims that the consideration was to be paid in cash. He denies that appellant produced a purchaser for cash, pursuant to the terms of the listing. Appellee contends that the proposed purchaser did not have available cash and that they attempted to negotiate a sale on terms and conditions different from the listing but that such terms were unacceptable to appellee and no sale was made, hence no commission was payable.
The cause was tried to the court sitting with a jury which found the issues in favor of appellee. Following the denial of a motion for a new trial, judgment was entered for appellee, from which the appeal is taken.
Appellant moved for a new trial, principally on the ground that the verdict was not supported by evidence, the overruling of which is assigned as error.
When a judgment is attacked as being unsupported, the powers of the appellate court ends with the determination of whether there is substantial evidence to support it, contradicted or uncontradicted. And, in reviewing the evidence on appeal, all conflicts must be resolved in favor of the successful party and all reasonable inferences indulged in to support the verdict. Tested by these rules we briefly summarize the evidence.
Appellee listed the Lighthouse Laundry with appellant for a cash consideration of $20,000 and agreed to pay a commission of five per cent. Subsequent to the listing, appellant produced a proposed purchaser and at the same time informed appellee that the purchaser possibly did not have sufficient funds to pay the consideration in cash. Appellee agreed to carry $2,000 if satisfactory arrangements could be made. He then signed an escrow agreement which he claims was in skeleton form without words or figures indicating terms or conditions of any kind in the payment of the consideration, after which it was delivered to appellant. Thereafter, they went to the office of Mr. E. G. Minton, of the Equitable Building & Loan Association of Roswell, to close the deal. Appellee there found that the contract previously signed by him had been altered. Inserted therein were provisions for a cash payment of $12,500 and the balance of $7,500 to be paid in monthly installments of $200. The purchaser had available cash of $5,000 only, and to raise an additional amount, the purchaser had arranged with the Equitable Building &...
To continue reading
Request your trial
-
Brown v. Martinez
...and accordingly will not be disturbed by us under a long established and uniformly followed rule of review in this court. Adams v. Cox, 55 N.M. 444, 234 P.2d 1043; Little v. Johnson, 56 N.M. 232, 242 [68 NM 274] P.2d 1000; Pentecost v. Hudson, 57 N.M. 7, 252 P.2d We now come to the determin......
-
Adams v. United Steelworkers of America, AFL-CIO
...v. Village of Capitan, 92 N.M. 64, 582 P.2d 1277 (1978); City of Santa Fe v. Velarde, 90 N.M. 444, 564 P.2d 1326 (1977); Adams v. Cox, 55 N.M. 444, 234 P.2d 1043 (1951). Adams sued the Union, charging it with a breach of its duty of fair representation. This duty does not stem from a collec......
-
Torres v. Village of Capitan
...g. City of Santa Fe v. Velarde, 90 N.M. 444, 564 P.2d 1326 (1977); Atencio v. Vigil, 86 N.M. 181, 521 P.2d 646 (1974); Adams v. Cox, 55 N.M. 444, 234 P.2d 1043 (1951). The key question is whether the court was correct in holding that the essential element of identity of subject matter in th......
-
Padilla v. Winsor
...55 N.M. 361, 233 P.2d 1047; Amaro v. Moss, 65 N.M. 373, 337 P.2d 948; Addison v. Tessier, 62 N.M. 120, 305 P.2d 1067; Adams v. Cox, 55 N.M. 444, 234 P.2d 1043. Approaching the testimony with this rule in mind, we relate as briefly as possible what was proven, exclusive of the proof as to th......