POWERS v. MILLER

No. 19,244.

984 P.2d 177 (1999)

127 N.M. 496

1999-NMCA-080

A.D. POWERS, d/b/a Powers Structures, Plaintiff-Appellant/Cross-Appellee, v. Wendell G. MILLER and Janet B. Miller, husband and wife, Defendants-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

May 17, 1999.


Attorney(s) appearing for the Case

J. Robert Beauvais, J. Robert Beauvais, P.A., Ruidoso, for Appellant/Cross-Appellee.

Don E. Dutton, The Dutton Firm, Ltd., Ruidoso, for Appellees/Cross-Appellants.


OPINION

WECHSLER, Judge.

{1} A.D. Powers d/b/a Powers Structures (Contractor) appeals and Wendell G. and Janet B. Miller (Homeowners) cross-appeal from the trial court's judgment in this dispute over the construction of a residence. On appeal, Contractor raises two issues of first impression. First, he argues that the trial court erred in requiring proof by clear and convincing evidence that the parties modified their written contract by a subsequent...

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