(DOWNLOAD) "Adobe Masters Inc. v. Downey" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Adobe Masters Inc. v. Downey
- Author : New Mexico Supreme Court
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
FRANCHINI, Justice. Roger N. Downey appeals from a partial summary judgment dismissing with prejudice his breach of contract claims against Richard
Rappuhn. In his motion for summary judgment, Rappuhn argued that an individual "cannot maintain a claim for breach of contract
against a design professional under New Mexico law." Rappuhn relied on, and the trial court orally cited, State ex rel. Risk
Management Division v. Gathman-Matotan Architects & Planners, Inc., 98 N.M. 790, 653 P.2d 166 (Ct. App.), cert. quashed,
99 N.M. 47, 653 P.2d 878 (1982). We hold that New Mexico does recognize breach of contract claims against design professionals.
We further hold, however, that under the facts of this case Downey consented to dismissal of all breach of warranty claims
and that the jury instructions sufficiently presented his breach of contract claims, rendering the court's error harmless.
We affirm the judgment.
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