Mason v. Ruby
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for breach of warranty. Prom judgment for plaintiff, defendant appeals.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for breach of warranty. Prom judgment for plaintiff, defendant appeals. “Where a former judgment is pleaded in bar, it is no objection to its operation as an estoppel that the former action included some parties who are not joined in the present action or vice versa, provided the judgment was rendered on the merits and not on an objection as to parties, and provided the cause of action in the two suits is the same, and the party against whom the estoppel is set up was actually…
1Opinion of the CourtDunn, J.
About February 21, 1913, at Caldwell, Idaho, respondent purchased from appellant two horses for $150, for which he gave his note. Shortly afterward said horses were found to be affected with glanders and later were killed by the state veterinarian. Before the maturity of said note appellant indorsed it for a valuable consideration to one Harry Smith, who brought suit thereon against respondent in the probate court of Canyon county. Respondent denied that Smith was the lawful owner and holder of said note or that anything was due thereon; and as an affirmative defense alleged a warranty of…
2Cases cited6 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Goodenow v. LitchfieldSupreme Court of Iowa · 1882
- Hoover v. KingOregon Supreme Court · 1903
- Lea v. LeaMassachusetts Supreme Judicial Court · 1868
- Zoeller v. . RileyNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Evans v. DavidsonIdaho Supreme Court · 1937
- South Boise Water Co. v. McDonaldIdaho Supreme Court · 1931
- McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
- Jensen v. Berry & Ball Co.Idaho Supreme Court · 1923
- Rogers v. RogersIdaho Supreme Court · 1926
2 more not listed; retrieve them via the Exa API.