Gagnon v. Molden
Idaho Supreme Court
APPEAL from the District Court of the Sixth 'Judicial District, for the County of Bingham. Hon. J. M. Stevens, Judge. Action by plaintiff for damages for breach of contract. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the Sixth 'Judicial District, for the County of Bingham. Hon. J. M. Stevens, Judge. Action by plaintiff for damages for breach of contract. Judgment for plaintiff and defendant appealed. If either the vendor or the vendee wish to compel the other to fulfill his contract, he must make his part of the agreement precedent, and cannot proceed against the other without an actual performance of the agreement on his part, or a tender and refusal; and an averment to that effect is always-made in the declaration upon contracts containing dependent undertakings, and…
1Opinion of the CourtAilshie, J.
This is an appeal from a judgment and order denying a motion for a new trial. The first assignment of error is that the court erred in overruling defendant’s demurrer to the complaint. The complaint alleges that the plaintiff and defendant on November 17, 1903, entered into a contract, which is set out in haec verba; that plaintiff had paid the defendant $550, the first payment provided for by the contract, and the further sum of $100 as shown by an indorsement on the contract, and that he stands ready and willing to make the other payments as provided for in the contract, upon the…
2Cases cited7 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Russ Lumber & Mill Co. v. Muscupiabe Land & Water Co.California Supreme Court · 1898
- McCroskey v. LaddCalifornia Supreme Court · 1892
- Underwood v. TewWashington Supreme Court · 1893
- Nesbitt v. McGeheeSupreme Court of Alabama · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Berryman v. DoreIdaho Supreme Court · 1926
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1941
- Rickenbaugh v. AsburyAlabama Court of Appeals · 1938
- Gem State Sales Co. v. Rudin Bros., Inc.Idaho Supreme Court · 1935
- Van Winkle v. Van WinkleIdaho Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.