[Download] "New Mexico Beverage Co. v. Blything" by New Mexico Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: New Mexico Beverage Co. v. Blything
• Author : New Mexico Supreme Court
• Release Date : January 09, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

NMSA 1978, Section 60-7A-9 (Repl. Pamp.1981) is a "tied-house" law, which makes it illegal for any liquor wholesaler to "extend credit or to agree to extend credit for the sale of alcoholic beverages to any retailer * * * for any period more than thirty calendar days from the date of the invoice required under the provisions of Section 70 [60-8A-3, NMSA 1978] of the Liquor Control Act." The record in this case shows that after the first invoice to go unpaid had remained unpaid for more than 30 days, plaintiff did not promptly bring an action to recover the debt, but on the contrary continued to deliver more liquor to the retailer without receiving immediate payment. Plaintiff argues that it did not "extend credit" within the meaning of Section 60-7A-9 because its deliveries were marked "C.O.D." and it "expected" prompt payment. But plaintiff cannot circumvent the statute based upon expectations of prompt payment or by labeling its transactions "C.O.D." By failing to bring an action promptly when an invoice went unpaid for more than 30 days, and continuing to deliver liquor without receiving immediate payment, plaintiff extended credit to the retailer under NMSA 1978, Section 60-7A-9 (Repl. Pamp.1981).

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