Alderete v. City of Albuquerque

2 Citing cases

  1. Medline Indus. v. Fiesta Park Healthcare, LLC

    No. 19-CV-971 MV/GBW (D.N.M. Feb. 18, 2020)

    The basic elements of a contract claim are a valid contract, breach of the contract, and damages. Alderete v. City of Albuquerque, 2015 WL 1143085, at *1 (N.M. Ct. App. Feb. 23, 2015) (unpublished) (citing Constr. Contracting & Mgmt., Inc. v. McConnell, 815 P.2d 1161 (N.M. 1991)). Even when applying a lenient pleading standard, the New Mexico Court of Appeals has indicated that a complaint for breach of contract must include several formal elements:

  2. Medline Indus. v. Fiesta Park Healthcare, LLC

    Civ. No. 19-971 MV/GBW (D.N.M. Jan. 16, 2020)

    The basic elements of a breach of contract claim are (1) a valid contract, (2) breach of the contract, and (3) damages. Alderete v. City of Albuquerque, 2015 WL 1143085, at *1 (N.M. Ct. App. Feb. 23, 2015) (unpublished) (citing Constr. Contracting & Mgmt., Inc. v. McConnell, 815 P.2d 1161 (N.M. 1991)). A valid contract exists where there is offer, acceptance, consideration, and mutual assent.