Legal Opinion

Boise Development Co. v. Boise City

Idaho Supreme Court

Decided September 30, 1914PublishedCited by 26 opinions

APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for damages for breach of contract. Judgment for defendant, dismissing said action. A claim for uncertain and unliquidated damages is not a debt. (Jackson v. Bell, 31 N. J. Eq. 554.) Our supreme court has had sec. 3, art. 8 of the constitution under consideration many times.

Read the full summary

APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for damages for breach of contract. Judgment for defendant, dismissing said action. A claim for uncertain and unliquidated damages is not a debt. (Jackson v. Bell, 31 N. J. Eq. 554.) Our supreme court has had sec. 3, art. 8 of the constitution under consideration many times. On every occasion when the prohibition has been applied, there has been a true indebtedness involved. (Ada County v. Bullen Bridge Co., 5 Ida. 79, 47 Pae. 818, 36 L. R. A. 367; Ball v. Bannock County, 5 Ida.…

1Opinion of the CourtTruitt, J.

This action was commenced by the appellant as plaintiff in the court below to recover damages from respondent, Boise City, for breach of a written contract entered into between appellant and respondent on the 27th day of December, 1911.

*350The complaint sets out said contract in full, and, though the same is quite lengthy, for the reason that it is the basis.of the action and there is much controversy as to the meaning and legal effect of its terms, we think it proper to give it in full as follows:

“This agreement, made and entered into this 27th day of December, 1911, by and between Boise City, a…

2Cases cited7 opinions

  1. McBean v. City of FresnoCalifornia Supreme Court · 1896
  2. Winston v. City of SpokaneWashington Supreme Court · 1895
  3. Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
  4. Carson v. City of GeneseeIdaho Supreme Court · 1903
  5. Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Village of Moyie Springs v. Aurora Manufacturing Co.Idaho Supreme Court · 1960
  2. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  3. Hanson v. City of Idaho FallsIdaho Supreme Court · 1968
  4. Williams v. City of EmmettIdaho Supreme Court · 1931
  5. Boise-Payette Lumber Co. v. Challis Independent School District No. 1Idaho Supreme Court · 1928

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API