Goldstone v. Rustemeyer
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho Comity. Hon. Edgar C. Steele, Judge. Action to recover on an open account. Judgment for defendant. Where counsel trespass on the domain of unproved facts instead of keeping within the bounds of legitimate argument, the verdict should be set aside.
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APPEAL from the District Court of the Second Judicial District for Idaho Comity. Hon. Edgar C. Steele, Judge. Action to recover on an open account. Judgment for defendant. Where counsel trespass on the domain of unproved facts instead of keeping within the bounds of legitimate argument, the verdict should be set aside. (Louisville N. R. Co. v. Orr, 91 Ala. 548, 8 So. 360; Johnson v. Slappey, 85 Ga. 576, 11 S. E. 862; Grant et al. v. Varney, 21 Colo. 329, 40 Pac. 771; Cook v. Doud, 14 Colo. 483, 23 Pac. 906.) Where the verdict is manifestly against the great preponderance of the evidence, or.…
1Opinion of the CourtSullivan, J.
This action was commenced to recover a balance alleged to be due on account of wares, goods and merchandise sold and delivered to the respondent by the appellant, and for moneys advanced by appellant to respondent and divers other persons upon the order of the respondent, in the total sum of $607.60, on which amount the appellant acknowledged a credit for work and labor performed by respondent in making a certain excavation and in laying a certain foundation for a building, for the sum and alleged agreed price of $356, and certain other items about which there is no dispute in this action, in…
Also in this document: Concurrence.
2Cases cited5 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Grant v. VarneySupreme Court of Colorado · 1895
- Johnson v. SlappeySupreme Court of Georgia · 1890
- Aultman, Miller & Co. v. Scheele & FisherNebraska Supreme Court · 1892
3Cited by12 opinions
- Cochran v. GritmanIdaho Supreme Court · 1921
- Cogswell v. C. C. Anderson Stores Co.Idaho Supreme Court · 1948
- Petajaniemi v. WashIngton Water Power Co.Idaho Supreme Court · 1912
- State v. WardIdaho Supreme Court · 1931
- Clarke v. Blackfoot Water Works, Ltd.Idaho Supreme Court · 1924
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