Valley Lumber Co. v. McGilvery
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover a debt. Judgment for defendants.
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APPEAL from the District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action to recover a debt. Judgment for defendants. The lower court erred in not sustaining the plaintiff’s demurrer to the defendant’s affirmative defenses, for the reason that the defendants have set up a special defense in avoidance, alleging a purported agreement by which the agent for the plaintiff bound the plaintiff to answer for the debt of another, and that there is no allegation therein taking said agreement out of the provisions, subd. 2 of sec. 6009, Rev. Codes.…
1Opinion of the CourtStewart, J.
This canse was tried to a jury in the lower court and a verdict rendered for the defendants. This appeal is from the judgment and from an order overruling a motion for a new trial. The action is to recover the sum of $757.80 alleged to be due as a balance upon an account for merchandise claimed to have been sold by plaintiff to defendants in the sum of $1,114.51. The defendants denied the indebtedness and plead settlement and payment. The controversy arises out of the question whether an indebtedness due from C. F. Allen, president of the plaintiff company to the defendants, should be applied…
2Cases cited3 opinions
- Cashier v. White Line Transfer Co.Supreme Court of Iowa · 1886
- Hurgren v. Union Mutual Life InsuranceCalifornia Supreme Court · 1904
- Jones v. StoddartIdaho Supreme Court · 1902
3Cited by10 opinions
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- Lawson v. Metropolitan Life InsuranceSupreme Court of South Carolina · 1933
- Henry Gold Mining Co. v. HenryIdaho Supreme Court · 1913
- Maxwell v. Twin Falls Canal Co.Idaho Supreme Court · 1930
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