Collins v. Twin Falls North Side Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. Action to recover damages for loss of certain crops. Judgment for plaintiff. The fact that the company put a check in later on as a part settlement of another claim could not be introduced in evidence in this case. (Holt v. Spokane etc. Ry.
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APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. Action to recover damages for loss of certain crops. Judgment for plaintiff. The fact that the company put a check in later on as a part settlement of another claim could not be introduced in evidence in this case. (Holt v. Spokane etc. Ry. Co., 3 Ida. 703, 35 Pac. 39.) That plaintiff could have built a substantial check for a reasonable amount is clear, and in such case he cannot recover damages for consequences which were avoidable by him. (Sedgwick on Damages, secs. 201, 202;…
1Opinion of the CourtSullivan, C. J.
This action was brought by the plaintiff, who is a settler on a Carey Act project, against the defendant, the construction company upon such project, for *4damages caused to crops by reason of the various alleged breaches of contract on the part of the construction company with the state in the construction of the irrigating works upon said project, which failure, it is alleged, impaired the water supply and caused the plaintiff certain losses in his crops for the years 1909 and 1910.
The complaint sets forth two causes of action: One occurring in the year 1909 in the sum of $2,195, and the…
2Cases cited2 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Risse v. CollinsIdaho Supreme Court · 1906
3Cited by12 opinions
- Vinyard v. North Side Canal Co., Ltd.Idaho Supreme Court · 1929
- North Side Canal Co. v. Idaho Farms Co.Idaho Supreme Court · 1939
- Spreader Specialists, Inc. v. Monroc, Inc.Idaho Court of Appeals · 1988
- Mullen v. MullenSupreme Court of Iowa · 1955
- Marysville Development Co. v. MarotzIdaho Supreme Court · 1927
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