Toltec Intern., Inc. v. Village of Ruidoso
| Decision Date | 12 November 1980 |
| Docket Number | No. 13039,13039 |
| Parties | TOLTEC INTERNATIONAL, INC., Plaintiff-Appellee, v. VILLAGE OF RUIDOSO, Defendant-Appellant. |
| Court | New Mexico Supreme Court |
This appeal arises from a suit instituted by the plaintiff to recover $7,400 alleged due it from the defendant, the Village of Ruidoso (village), for the construction and delivery of a portable metal tower. The construction of the tower had been ordered by the finance director of the village, but without the authorization of the mayor, the board of trustees of the village or the village purchasing agent. A set of drawings and specifications for the tower, which had been prepared by an architect retained by the village, were delivered to the plaintiff as well as a signed purchase order. The tower was constructed according to the specifications and delivered, as ordered by the finance director, to the race track at Ruidoso Downs. Ruidoso Downs is a completely separate municipality from the Village of Ruidoso. The tower was used by the Lincoln County Mule-O-Rama for mule racing events. It was also designed to be used as a tower at the village's airport and meets the FAA requirements for airport towers. It has never been so used.
The trial court made undisputed findings of fact and conclusions of law that the contract between the plaintiff and the village was illegal and therefore void. These undisputed findings and conclusions are binding upon us on appeal. Shed Industries Inc. v. King, 95 N.M. 62, 618 P.2d 1226 (1980); Winrock Enter. v. House of Fabrics of N.M., 91 N.M. 661, 579 P.2d 787 (1978). The theories upon which the court found for the plaintiff were unjust enrichment, quantum valebant and quasi-contract. The village appealed. We reverse.
For the plaintiff to recover under any of the three theories listed above, or under the theory of contract by estoppel, which was not properly pled to the court and therefore not considered on appeal, there must be a finding that the village received some benefit from the contract and construction of the tower. See Danley v. City of Alamogordo, 91 N.M. 520, 577 P.2d 418 (1968). Therefore, the key question in this appeal is whether there was substantial evidence to support the trial court's finding of benefit to the village. The basic rules this Court utilizes in determining if there is substantial evidence to support a finding of fact are as follows: (1)...
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