Fralick v. Mercer
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover damages for breach of contract. Judgment for plaintiff. Appellant had refused to sign the contract, and would not have signed it had not respondent agreed that he would not hold him to a strict fulfillment thereof, and promised that no action for damages would be brought for the nonfulfillment of the contract.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover damages for breach of contract. Judgment for plaintiff. Appellant had refused to sign the contract, and would not have signed it had not respondent agreed that he would not hold him to a strict fulfillment thereof, and promised that no action for damages would be brought for the nonfulfillment of the contract. Said promises of respondent were the consideration for appellant’s executing the contract,■ and are" not in the nature of an oral agreement tending to vary…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover from the defendant, who is appellant here, the sum of $1174.06 damages for an alleged breach of a written contract to furnish a certain number of railroad ties. The written contract declared on was attached as an exhibit to the amended complaint and made a part thereof.
By the answer the defendant virtually admitted that he entered into a contract with the respondent to furnish him a certain number of railroad ties at certain prices, and admitted that he signed the contract set forth as an exhibit to the complaint, and avers that said contract was presented…
2Cases cited11 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- Fitzgerald v. BurkeSupreme Court of Colorado · 1890
- Small v. HarringtonIdaho Supreme Court · 1904
- Phenix Insurance v. CaldwellIllinois Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Riggs v. RobertsIdaho Supreme Court · 1953
- Hoy v. AndersonIdaho Supreme Court · 1924
- Idaho Trust Co. v. EastmanIdaho Supreme Court · 1926
- Powers v. Security Savings & Trust Co.Idaho Supreme Court · 1923
- Todd v. City of HaileyIdaho Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.