Legal Opinion

Hatcher v. Ferguson

Idaho Supreme Court

Decided April 2, 1921Published

APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. James R. Bothwell, Judge. Action for damages. Appeal from judgment for defendant. “If a party by Ms contract charge himself with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse Mm.”

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APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. James R. Bothwell, Judge. Action for damages. Appeal from judgment for defendant. “If a party by Ms contract charge himself with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse Mm.” (United States v. Gleason, 175 U. S. 588, 20 Sup. Ct. 228, 44 L. ed. 284, sec, also, Rose’s U. S. Notes; 6 R. C. L. 365; Malcolmson v. Wapoo Mills, 88…

1Opinion

ON petition por rehearing.

RICE, C. J.

Under the contract in this case, by which it was agreed that the lambs should be delivered f. o. b. cars at Ketchum, the carrier by which they were to be transported became the agent of the buyer to accept delivery. (Griffin v. Edward Eiler Lumber Co., 122 Miss. 265, 84 So. 225.) It may be conceded that a reasonable-construction of such contract requires the property to be loaded without expense to the buyer upon cars suitable for transportation. The contract, however, did not designate or contain any intimation as to the final destination of the shipment.…

2Cases cited1 opinion

  1. Griffin v. Edward Eiler Lumber Co.Mississippi Supreme Court · 1920

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