120 P.2d 611 (N.M. 1941)
The seller was a local agent for a land grant company at the time of the contract but without authority to execute a deed on its behalf. The purchaser, desiring to purchase a small tract of land and to construct a building thereon in which to conduct business, negotiated with the seller the matter. The contract in question resulted. It embodied mutual covenants and reflected the purchaser's plan for financing both the purchase of the site and the construction of the building. The purchaser filed an action for damages and breach of contract. The trial court entered judgment in favor of the purchaser.
- On appeal, the court affirmed on condition that the purchaser entered a remittitur.
- The court held that the trial court allowed the damages in the sum of $420.05 erroneously, in that there was no substantial evidence to support the several items aggregating that sum.
- There was substantial evidence to support items of damage aggregating $270.90.
- If the purchaser entered a remittitur in the court in the sum of $420.05, the judgment was to be affirmed for the balance and the costs of the appeal were to be divided equally between the parties.
The court affirmed on a condition of remittitur the decision of the trial court, which entered judgment in favor of the purchaser, in the purchaser's action against the seller for damages for breach of contract.
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