Legal Opinion

Toledo Computing Scale Co. v. Young

Idaho Supreme Court

Decided April 7, 1909PublishedCited by 13 opinions

APPEAL from the District Court of the First Judicial District for Bonner County. Hon. William W. Woods, Judge. Action to recover balance due for certain weighing scales. Motion of plaintiff for judgment on the pleadings denied and judgment entered for defendant. Where a party does business with a corporation in its corporate name, and the contract is executed, so far as the corporation is concerned, he is estopped from denying the incorporation of the company. (First Gong.

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APPEAL from the District Court of the First Judicial District for Bonner County. Hon. William W. Woods, Judge. Action to recover balance due for certain weighing scales. Motion of plaintiff for judgment on the pleadings denied and judgment entered for defendant. Where a party does business with a corporation in its corporate name, and the contract is executed, so far as the corporation is concerned, he is estopped from denying the incorporation of the company. (First Gong. Church v. Grand Rapids School Fum. Co., 15 Colo. App. 46, 60 Pac. 948; Grande Ronde Lumber Co. v. Cotton, 12 Colo. App.…

1Opinion of the CourtSullivan, C. J.

This action was instituted in the probate court of Kootenai county to recover the balance due on a written agreement for a certain weighing scale sold and delivered to the defendant. The plaintiff alleged in its amended complaint that it was a corporation duly organized under the laws of the state of New Jersey and doing business at Toledo, Ohio. There is attached to the complaint a copy of the contract of sale, portions of which are as follows:

“NOTICE: No scales placed on trial.
“ORDER FORM FOR SCALES.
“City Rathdrum, County Kootenai, State Idaho.
“Date Feb. 18th, 1907. “Toledo Computing Seale…

2Cases cited2 opinions

  1. Bank of Shasta v. BoydCalifornia Supreme Court · 1893
  2. Grande Ronde Lumber Co. v. CottonColorado Court of Appeals · 1898

3Cited by13 opinions

  1. Foore v. Simon Piano Co.Idaho Supreme Court · 1910
  2. Advance-Rumely T. Co., Inc. v. JacobsIdaho Supreme Court · 1931
  3. Bonham National Bank of Fairbury v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1910
  4. Ferguson Fruit & Land Co v. GooddingIdaho Supreme Court · 1927
  5. Bettilyon Home Builders Co. v. PhilbrickIdaho Supreme Court · 1918

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