Court of Appeals of New Mexico
941 P.2d 978 (1997)
Dr. A. H. Manouchehri (plaintiff) contracted to purchase a used 100/100 x-ray machine from Jeff Heim (defendant) for $1,900. Manouchehri wrote “purchase and installation of Continental 100—100 x-ray” in the memo line and “guaranteed to work…without limitation” across the top of the check, which Heim signed. Heim installed a less powerful 100/60 x-ray. Manouchehri asked Heim to repair the machine. Heim sent an inspector and spoke with Manouchehri repeatedly but made no repairs. Manouchehri sued in district court for breach of warranty. Default judgment was entered in favor of Manouchehri then set aside. At trial, Manouchehri testified that he lost profits of $79 each on an average of 30 x-rays per month due to the breach. The court awarded Manouchehri $1,900 in direct damages and $2,500 in consequential damages (mislabeled incidental damages). The district court found that any value the machine held was lost due to the cost of removal. Heim’s motion for reconsideration was denied. Heim appealed to the Court of Appeals of New Mexico, arguing that the district court applied the wrong standard for direct damages and should not have awarded consequential damages because the losses were avoidable, unforeseeable, and indefinite.
Rule of Law
Holding and Reasoning (Hartz, 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 204,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.