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eBook details

• Title: Wall v. Pate
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 26, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

In New Mexico, when a seller breaches an executory contract to sell land, compensatory damages are usually measured by the "loss-of-bargain" rule, which is the difference between the contract price and the fair market value of the property. Conley v. Davidson, 35 N.M. 173, 291 P. 489 (1930). That is normally termed the "general damage" rule. We have said that some circumstances may warrant recovery of ascertainable special damages, either alone or as an additional part of the compensatory award. Aboud v. Adams, 84 N.M. 683, 507 P.2d 430 (1973); Adams v. Cox, 54 N.M. 256, 221 P.2d 555 (1950). However, those cases have not articulated how "circumstances" must differ from those adequately redressed under the general damage formula.

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