Trego v. Arave
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. Jas. M. Stevens, Judge. Action to recover damages for breach of contract for the sale of hay. Judgment for defendant. Merchantable means fit for sale; vendible in the market; of a quality such as will bring the ordinary market price.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. Jas. M. Stevens, Judge. Action to recover damages for breach of contract for the sale of hay. Judgment for defendant. Merchantable means fit for sale; vendible in the market; of a quality such as will bring the ordinary market price. (Black’s Law Dictionary, p. 768; Pacific Coast Elevator Go. v. Bravinder, 14 Wash. 315, 44 Pac. 544.) In this case the purchase price having been paid, the burden was upon the defendant to prove that he tendered the plaintiff good merchantable hay of the kind and quality sold.…
1Opinion of the CourtSullivan, J.
This action was brought to recover damages because of an alleged breaeh of a contract for the delivery of 300 tons of good merchantable alfalfa hay. The cause was tried by the court with a jury and a verdict was rendered in favor of the defendant, and this appeal is from the judgment entered on said verdict and from an order denying a new trial.
Many errors are assigned in regard to the sufficiency of the evidence and the admission and rejection of certain evidence offered on the trial. The alleged errors from one to eight, inclusive, relating to the insufficiency of the evidence to justify…
2Cases cited8 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Epps v. StateIndiana Supreme Court · 1885
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Commonwealth v. SchaffnerMassachusetts Supreme Judicial Court · 1888
- Schumaker v. HeinemannWisconsin Supreme Court · 1898
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3Cited by6 opinions
- CC Anderson Stores Co. v. Boise Water CorporationIdaho Supreme Court · 1962
- Piggly-Wiggly Stores, Inc. v. LowensteinIndiana Supreme Court · 1925
- Village of Lapwai v. AlligierIdaho Supreme Court · 1949
- Union Seed Company of Burley v. SavageIdaho Supreme Court · 1955
- Eagle Lumber Co. v. Burton Lumber Co.Utah Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.