Legal Opinion

Panhandle Lumber Co. v. Rancour

Idaho Supreme Court

Decided September 20, 1913PublishedCited by 18 opinions

APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action for reformation of contract and injunction. Judgment for plaintiff. Defendant appealed. The court erred in overruling defendant’s motion to strike the amended complaint of plaintiff.

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APPEAL from tbe District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action for reformation of contract and injunction. Judgment for plaintiff. Defendant appealed. The court erred in overruling defendant’s motion to strike the amended complaint of plaintiff. (31 Cyc. 409; Anderson, v. Groesbeck, 26 Colo. 3, 55 Pac. 1086; Hallett v. Larcom, 5 Ida. 492, 51 Pac. 108; Thompson v. Beeler, 69 Kan. 462, 77 Pac. 100; McLain '& Daniel v. Americus Oil Go., 117 Ga. 881, 45 S. E. 268; Venable v. Burton, 118 Ga. 156, 45 S. E. 29; Atwater v. Hannah, 116 Ga. 745,…

1Opinion of the CourtAilshie, C. J.

This action was commenced by the plaintiff asking for an injunction to restrain the defendant from cutting and removing timber from certain lands belonging to the plaintiff. The defendant answered, setting forth a written contract for the sale of dry wood and cedar, which contract defendant claimed covered the tract of land in question. Thereafter the plaintiff filed an amended complaint, setting forth the contract which had been pleaded by the defendant *608and alleging that a mutual mistake had been made in reducing the contract to writing, and asking for its reformation and for an injunction…

2Cases cited34 opinions

  1. Farnsworth v. DuffnerSupreme Court of the United States · 1891
  2. Kimmell v. SkellyCalifornia Supreme Court · 1900
  3. Southard v. . CurleyNew York Court of Appeals · 1892
  4. Kroetch v. Empire Mill Co.Idaho Supreme Court · 1903
  5. Deford v. MercerSupreme Court of Iowa · 1867

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3Cited by18 opinions

  1. Bedal v. JohnsonIdaho Supreme Court · 1923
  2. Andrews v. AikensIdaho Supreme Court · 1927
  3. MATTER OF ESTATE OF COURTRIGHT v. RobertsonIdaho Supreme Court · 1978
  4. Bilbao v. KrettingerIdaho Supreme Court · 1966
  5. Camden v. Fink Coal & Coke Co.West Virginia Supreme Court · 1928

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