(DOWNLOAD) "Powers v. Miller" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Powers v. Miller
- Author : New Mexico Court of Appeals
- Release Date : January 17, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
{1} A.D. Powers d/b/a Powers Structures (Contractor) appeals and Wendell G. and Janet B. Miller (Homeowners) cross-appeal from the trial courts judgment in this dispute over the construction of a residence. On appeal, Contractor raises two issues of first impression. First, he argues that the trial court erred in requiring proof by clear and convincing evidence that the parties modified their written contract by a subsequent oral agreement. We hold that the trial court was correct in ruling that oral modifications to written contracts requiring modifications be in writing must be proven by clear and convincing evidence. Second, Contractor argues that this Court lacks jurisdiction over Homeowners cross-appeal because Homeowners did not timely file notice of cross-appeal. We hold that the notice was timely and in so doing clarify the application of the rule concerning computation of time to the facts of this case.
 "Powers v. Miller" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free){kind=link}