McCasland v. Prather

63 Citing cases

  1. Young v. Hartford Cas. Ins. Co.

    503 F. Supp. 3d 1125 (D.N.M. 2020)   Cited 10 times

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach. McCasland v. Prather, 1978-NMCA-098, 92 N.M. 192, 585 P.2d 336, 338 (citing Wright and Miller, Federal Practice and Procedure: Civil § 1235 (1969) ). Applying these principles in Armijo v. N.M. Dep't of Transp., No. CIV. 08-0336 JB/ACT, 2009 WL 1329192 (D.N.M. Apr. 6, 2009) (Browning, J.), the Court found that a plaintiff's allegations failed to state a claim for breach of contract.

  2. W. Agric. Ins. Co. v. Legacy Med. Servs., LLC

    No. CIV 19-0679 JB\KRS (D.N.M. Jul. 22, 2020)

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach.McCasland v. Prather, 1978-NMCA-098, ¶ 7, 585 P.2d 336, 338.

  3. Vigil v. Arzola

    101 N.M. 687 (N.M. 1984)   Cited 82 times
    Recognizing retaliatory discharge cause of action when plaintiff discharged for reporting misuse of public funds

    The question is procedural. The trial court, by granting the motion, ruled the plaintiff did not state a claim recognized under New Mexico law. Dismissal of a contract claim on a Rule 12(b)(6) motion is a legal, not evidentiary, determination. McCasland v. Prather, 92 N.M. 192, 585 P.2d 336 (Ct.App. 1978). McCasland states:

  4. OptumCare Mgmt. v. Gutierrez-Barela

    20-cv-00474 RB-SCY (D.N.M. Nov. 29, 2021)

    Consequently, her reliance on McCasland v. Prather for the proposition “that contracts for an indefinite period of time may be terminated at the will of either party[, ]” is off base. (See Doc. 37 at 16 (quoting McCasland, 585 P.2d 336, 342 (N.M. Ct. App. 1978) (Sutin, J., dissenting)).)

  5. Kottke Cattle, LLC v. Zia Agric. Consulting

    CIV 21-1004 JB (D.N.M. Oct. 20, 2021)   Cited 3 times

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach. McCasland v. Prather, 1978-NMCA-098, ¶ 7, 585 P.2d 336, 338. Applying these principles in Armijo v. New Mexico Department of Transportation, No. CIV. 08-0336 JB/ACT, 2009 WL 1329192 (D.N.M. Apr. 6, 2009)(Browning, J.), the Court concluded that a plaintiff's allegations failed to state a claim for breach of contract.

  6. Res. Assocs. Grant Writing & Evaluation Servs., Inc. v. Southampton Union Free Sch. Dist.

    193 F. Supp. 3d 1200 (D.N.M. 2016)   Cited 26 times
    Explaining that court should "avoid complicated choice-of-law questions when the answer to those questions would not make a difference"

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach.McCasland v. Prather, 1978–NMCA–098, ¶ 7, 92 N.M. 192, 585 P.2d 336, 338. Similarly, under New York law, "[t]he elements of a breach of contract claim are: ‘(1) a contract; (2) performance by the party seeking recovery; (3) breach of the contract by the other party; and (4) damages attributable to the breach.’ "

  7. ABQ Uptown, LLC v. Davide Enters., LLC

    No. CIV 13-0416 JB/KK (D.N.M. Oct. 19, 2015)   Cited 3 times

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach.McCasland v. Prather, 1978-NMCA-098, ¶ 7, 585 P.2d 336, 338.

  8. Greene v. Bank of Am., N.A.

    No. 1:13-cv-00937-JAP/KBM (D.N.M. Jan. 15, 2014)

    According to BANA, Plaintiffs' two breach of contract claims fail because Plaintiffs do not adequately allege: (1) the existence of a contract, (2) Plaintiffs' compliance with the contract, (3) "a general averment of the performance of any condition precedent," and (4) damages caused by the breach of contract. BANA copies these elements from McCasland v. Prather, 92 N.M. 192, 194 (N.M. Ct. App. 1978), a case which contains an antiquated statement of New Mexico law. In more recent cases, the New Mexico courts list the four elements of a breach of contract claim as: (1) the existence of a contract, (2) the breach of the contract, (3) causation, and (4) damages.

  9. Anderson Living Trust v. Conocophillips Co.

    952 F. Supp. 2d 979 (D.N.M. 2013)   Cited 60 times
    Concluding that “the parties' contractual duties, as the leases define those obligations, preclude the [p]laintiffs' causes of action that sound in tort”

    [A] complaint on breach of contract must allege: (1) the existence of a valid and binding contract; (2) the plaintiff's compliance with the contract and his performance of the obligations under it; (3) a general averment of the performance of any condition precedent; and (4) damages suffered as a result of defendant's breach.McCasland v. Prather, 92 N.M. 192, 194, 585 P.2d 336, 338 (Ct.App.1978). Applying these principles in Armijo v. N.M. Dep't of Transp., the Court found that a plaintiffs' allegations failed to state a claim for breach of contract. SeeNo.

  10. Seaboard Fire Marine Ins. Co. v. Kurth

    96 N.M. 631 (N.M. Ct. App. 1980)   Cited 15 times
    Recognizing that, although a worker may assign the claim by contract, the statute only creates a right of reimbursement and not a right of subrogation or assignment in the employer/insurer

    The proper standard for appellate review in this situation is whether "in the light most favorable to the plaintiff, and with every doubt resolved in his behalf, the complaint states any valid claim for relief." McCasland v. Prather, 92 N.M. 192, 585 P.2d 336 (Ct.App. 1978). Neither Hockett nor Musgrove apply.