Huber v. Blackwell Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action on contract. Judgment for plaintiff. Under the terms of the contract, it was the duty of respondent to supply all means and appliances necessary to prosecute the work and to deliver the logs along camp 4 spur on or before Nov. 1, 1912, and the law will presume that the supplying of such appliances was a part of the contract price and covered thereby.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action on contract. Judgment for plaintiff. Under the terms of the contract, it was the duty of respondent to supply all means and appliances necessary to prosecute the work and to deliver the logs along camp 4 spur on or before Nov. 1, 1912, and the law will presume that the supplying of such appliances was a part of the contract price and covered thereby. (GodMn v. Monahan, 83 Fed. 116, 27 C. C. A. 410; Gabrielson v. Hague Box & Lbr. Go., 55 Wash. 342, 133 Am. St. 1032, 104 Pac.…
1Dissent
SULLIVAN, C. J.,
Dissenting. — I am unable to concur in the conclusion reached by my associates. The action was brought upon the theory of, and the complaint alleged, a breach of the contract on the part of the' appellant, the lumber company, and under the terms of the contract there was no breach shown on the part of the lumber company.
It was alleged in the complaint that the lumber company “verbally notified plaintiff to vacate and quit using said camp 4 spur.” That allegation the evidence of the plaintiff himself shows is not true. On the petition for rehearing counsel for respondent for…
2Cases cited1 opinion
- Oldewurtel v. BevanCourt of Appeals of Maryland · 1912