B&W Construction Co. V. N.C. Ribble Co‪.‬

I cannot concur in the majority opinion because I believe that the trial court erred, first in submitting to the jury the defense of economic duress and, second, in submitting to the jury polygraph evidence inadmissible under NMSA 1978, Evid. Rule 707 (Repl. Pamp.1983) (now codified at SCRA 1986, 11-707). Because the jury may have based its verdict upon a legal theory that should not have been before it and also received polygraph evidence that should have been excluded, I would reverse the judgment in favor of Bowers and Wood on NCR's personal guaranty counterclaim and would remand for a new trial on that counterclaim alone.