Mark P. Miller Milling Co. v. Butterfield-Elder Implement Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for conversion. Judgment of nonsuit. In construing a contract the intent of the parties thereto must control in the absence of fraud.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for conversion. Judgment of nonsuit. In construing a contract the intent of the parties thereto must control in the absence of fraud. (Twin Falls Orchard & Fruit Go. v. Salisbury, 20 Ida. 110, 117 Pae. 118; Tilden v. Hubbard, 25 Ida. 677, 138 Pac. 1133.) In an action for conversion, the plaintiff must recover upon the strength of his own title and not upon the weakness of his adversary. (38 Cye. 2048; Union Stock Yards & T. Go. v. Mallory etc. Go., 157 111. 554, 48 Am. St.…
1Opinion of the CourtRice, J.
On June 22, 1914, the appellant and one C. H. Sutton entered into the following contract in writing:
“I have today, sold to M. P. Miller Milling Co., for delivery on or before Nov. 1, 1914, Ten Thousand No. 1 Red (10,000) bushels of No. 1 Red Russian wheat, at the price of (65<j¡) Sixty-six cents per bushel'in the warehouse of Mark P. Miller *267at Moscow, Idaho, and hereby acknowledge having received on said sale, as earnest money, the sum of One Dollar ($1.00) Dollars.
“It is Agreed and Understood, that the price of sixty-six ( ) cents mentioned, is for No. 1 Red Russian wheat, equal to the…
2Cases cited5 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Idaho Implement Co. v. LambachIdaho Supreme Court · 1909
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Smith v. EdwardsMassachusetts Supreme Judicial Court · 1892
- State ex rel. Pittsburgh Coal Co. v. PattersonWisconsin Supreme Court · 1909
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- Portland Seed Co. v. ClarkIdaho Supreme Court · 1922
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