Dellwo v. Petersen
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment of nonsuit. “The falsity of the representations and the existence of a scienter and of a fraudulent intent are questions to be determined by the jury from the facts in evidence.”
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages. Judgment of nonsuit. “The falsity of the representations and the existence of a scienter and of a fraudulent intent are questions to be determined by the jury from the facts in evidence.” (20 Cye. 124-126, and notes; Watson v. Molden, 10 Ida. 570, 79 Pae. 503.) On motion for nonsuit, defendant is deemed to have admitted all the facts of which there is any evidence, and all the facts which the evidence tends to prove. (Later v. Haywood, 12 Ida. 78, 85 Pae. 494; Allen…
1Concurrence
RICE, J.,
Concurring. — I concur in the conclusion reached. Even if the representations made by Petersen in the presence of Wolf, as quoted in the principal opinion, might support an inference that the private pumping plant was adequate for the purpose of irrigating the forty acres, still I think it is'insufficient as a basis of action for fraud against the principals Wolf, Nevers and McFarland, Jr. As to them there is an absence of proof of scienter. (Parker v. Herron, 30 Ida. 327, 164 Pac. 1013; Johnson v. Holderman, 30 Ida. 691, 167 Pac. 1030.) In addition to this consideration, the…
2Cases cited2 opinions
- Parker v. HerronIdaho Supreme Court · 1917
- Johnson v. HoldermanIdaho Supreme Court · 1917