Weber v. Pend D'Oreille Mining & Reduction Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to enjoin sale of stock. Judgment for plaintiff. Where there is a failure of a part of the lawful consideration, the part which fails is simply a nullity and imparts no taint to the residue. If there is a > substantial consideration left, it will still be sufficient to sustain the contract. (9 Cyc. 370;' 11 Cent.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. R. N. Dunn, Judge. Action to enjoin sale of stock. Judgment for plaintiff. Where there is a failure of a part of the lawful consideration, the part which fails is simply a nullity and imparts no taint to the residue. If there is a > substantial consideration left, it will still be sufficient to sustain the contract. (9 Cyc. 370;' 11 Cent. Dig., “Contracts and Equity,” 398-402, authorities therein cited; Desha’s Exrs. v. Robinson, 17 Ark. 228; Case v. Grimm,, 77 Ind. 565; Wilson v. Webster, Morris (Iowa),…
1Opinion of the CourtRice, C. J.
The Pend d’Oreille Mining & Reduction Company, Ltd., is an Idaho corporation. It was organized in 1902, and on February 7, 1906, held title to certain mining claims, and mill sites and water rights in connection therewith, located in Kootenai county, Idaho. Practically all of the shares of capital stock of this corporation were at that time owned in equal amounts by respondent Weber and appellant Donnelly. On the last-mentioned date, at Chicago, *4111., respondent entered into a contract with appellant Standard Development Company, an Arizona corporation, wherein he agreed to cause to be conveyed…
2Cases cited13 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Lawrence v. . MillerNew York Court of Appeals · 1881
- State v. MaguireIdaho Supreme Court · 1917
- Katz v. HerrickIdaho Supreme Court · 1906
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
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3Cited by16 opinions
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Williams v. City of EmmettIdaho Supreme Court · 1931
- Hill v. PorterIdaho Supreme Court · 1924
- Merrill v. Fremont Abstract Co.Idaho Supreme Court · 1924
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
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