Long v. Owen
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. If respondent was to construct the sidewalk and curb according to specifications and ordinances, then the production of a certificate of approval by the city was a condition precedent to a right of action on the contract or agreement. (Holmes v. Richet, 56 Cal. 307, 38 Am.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. If respondent was to construct the sidewalk and curb according to specifications and ordinances, then the production of a certificate of approval by the city was a condition precedent to a right of action on the contract or agreement. (Holmes v. Richet, 56 Cal. 307, 38 Am. Rep. 54; Cox v. McLaughlin, 63 Cal. 196; Tally v. Parsons, 131 Cal. 516, 63 Pae. 833; Kilúberg v. United States, 97 U. S. 398, 24 L. éd. 1106; Wangler…
1Opinion of the Court
AILSHIE, 'J.
This action was instituted to collect the contract price for the building of two pieces of concrete sidewalk in the city of Weiser. At the time the work was done there was in force in the city of Weiser an ordinance which prescribed the kind of material and the composition thereof that should be used in the construction of sidewalks, and also prescribed in detail the manner of construction, giving the specifications necessary to be observed in the construction of such walks. The contractor, who is respondent herein, after completing the work, was unable to procure a certificate…
2Cases cited1 opinion
- Lane v. Pacific & Idaho Northern Railway Co.Idaho Supreme Court · 1902
3Cited by14 opinions
- Fidelity State Bank v. North Fork Highway DistrictIdaho Supreme Court · 1922
- Denice v. Spotswood I. Quinby, Inc.Court of Appeals of Maryland · 1968
- Shimek v. VogelNorth Dakota Supreme Court · 1960
- Robinson v. Joint School District 150Idaho Supreme Court · 1979
- Koval v. PeoplesSuperior Court of Delaware · 1981
9 more not listed; retrieve them via the Exa API.