Ashlock v. Sunwest Bank of Roswell, N.A. , 107 N.M. 100 ( 1988 )

STOWERS, Justice,

specially concurring.

I would affirm the judgment of the trial court but for reasons other than those stated in the majority opinion. While I agree that Ashlock is entitled to recovery under a breach of contract theory, I do not agree that substantial evidence was presented at trial from which the court could have, found a breach of the New Mexico Unfair Practices Act.

The Bank’s conduct herein did not violate the requirements of the Act. Under this Act, a false or misleading representation to a consumer must be “knowingly made.” NMSA 1978, § 57-12-2(C) (Repl.Pamp. 1987); Richardson Ford Sales, Inc. v. Johnson, 100 N.M. 779, 782, 676 P.2d 1344, 1347 (Ct.App.1984). No such finding was made.

I would, therefore, affirm the trial court on the basis that the Bank breached its contract with Ashlock by failing to pay the interest to which he was entitled.