From our private database of 13,000+ case briefs...
Associates Loan Co. v. Walker
New Mexico Supreme Court
416 P.2d 529 (1966)
On or about May 1, 1962, Daniel Partin offered to sell Earl and Billie Walker (defendants) a water softener for use on their dairy farm. Partin represented that the treated water would increase milk production. Partin and the Walkers orally agreed to a trial run of the softener. The Walkers would purchase it if its use did in fact increase milk production. If it did not, Partin would remove the softener and the Walkers would not be obligated to pay for it. Concurrent with or after the parties’ agreement to the trial run, they entered into a written sales contract for the softener. The contract provided that the Walkers would make payments in monthly installments beginning June 6, 1962. Partin orally agreed not to assign or transfer the contract. The softener was installed. During its trial period, Partin assigned the sales contract to Associates Loan Co. (Associates) (plaintiff) and sold his business to Stirman Rivers. The trial run was unsuccessful, and the Walkers did not make any payments. Associates brought suit. The Walkers prevailed in the trial court, and Associates appealed.
Rule of Law
Holding and Reasoning (Spiess, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 129,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.