Martin Resendiz, the mayor of Sunland Park, New Mexico, maintains that he was drunk when he signed nine contracts with California architectural design firm, Synthesis+. The company is suing the city for $1 million for unpaid work performed, but the city argues that since the contracts weren't approved by the City Council, they should be invalidated.
What makes this story so much better than just some boring legal dispute is the fact that Resendiz would focus his defense around the fact that he was blotto. Was he also wasted when he thought up this idea? I guess he's playing the old they-took-advantage-of-a-drunk-guy card. In response to questions from Synthesis+ lawyers Resendiz wrote:
"The day I signed...I had way too much to drink. It was after five p.m and I signed it (the contracts) and I didn't know what I was signing. My sister had to pick me up."
At least he didn't drive drunk, right?
The best part of this is that Resendiz says he's planning to run for Congress! He's seeking the Democratic nomination to challenge Republican Rep. Steve Pearce for the right to represent southern New Mexico. If he ended up winning that would be some party!
In a June 2010 deposition by attorney Victor Poulos, Resendiz admitted to signing the nine contracts in May or June of 2008, following "a good two and a half, three hours" of drinking with Synthesis+ executives at a local restaurant. Deposed City Councilor Daniel Salinas said under oath that he was also at the meeting and was shitfaced as well. Whether telling the truth or exploiting Resendiz's memory impairment, Synthesis+ claims that the mayor actually signed the contracts in July 2008 at city hall, and that he was stone cold sober. Poulos said in thirty-three years of practicing law it was the first time he'd heard of someone admitting to signing a contract while drunk.
Comments ( 15 )
Wait, they have architectural firms in New Mexico? I thought everything was made from adobe bricks of mud and hay...
The firm was based in California, so, maybe not.
Wait, they have architectural firms in California? I thought everything was made from Hollywood sets...
If he can prove he was drunk, the contracts are probably void. Personal liability is another matter.
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Why no mention of party affiliation?
Always seems to be mentioned when the asshole is a republican.
"He's seeking the Democratic nomination"
l2 read, it obviously says here he's a democrat, its not really that hard to see...
Trust me, if he were a Republican it would have been in the headline.
Incapacity is recognized as a basis for voiding contracts .
Incapacity is recognized as a basis for voiding bladders.
Do any of the lawyers know anything about making full restitution to the other party prior to disaffirmation? I'm curious about this subject, it seems crazy that you can voluntarily get drunk and then use that as an excuse for reneging on a contract. Any further info would be appreciated.
Being incapacitated means that no restitution is likely to be required.
Sadly, being drunk is quite possibly a defense in this case.
If indeed the contracts weren't valid without City Council approval, why didn't the construction company's lawyer tell them to hold off starting work until that approval was secured? Or is that not how these things work?
Maybe there needs to be a new crime defined: GWI (Governing While Intoxicated).
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