Bertleson v. Van Deusen Bros.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. B. S. Yarian, Judge. Aetion in claim and delivery. Judgment for respondent against appellant.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. B. S. Yarian, Judge. Aetion in claim and delivery. Judgment for respondent against appellant. The second amended complaint did not state any facts sufficient to constitute a cause of action against the appellant for want of material allegations, bringing the case within the provisions and restrictions of C. S., sec. 5691. (Portland Seed Go. v. Clark, 35 Ida. 44, 204 Pac. 146; Brown v. Feeler, 35 Ida. 57, 204 Pae. 659.) C. S., see. 7936, par. 3, only forbids a claimant from testifying against the…
1Opinion of the CourtBudge, C. J.
— This action is one in claim and delivery to recover the possession of certain hay or the value thereof in case delivery cannot be had. From the record it appears that H. A. Berry and Clarissa A. Berry, husband and wife, entered into an executory contract of sale with respondent, to sell the hay crop to be grown upon their land in 1917 for the sum of $8 per ton. After the hay was grown and stacked they refused to make delivery to respondent, claiming, as testified to by respondent, that they made no contract with him. This action was brought against the Berrys during their lifetime. To the…
2Cases cited2 opinions
- Rice v. RigleyIdaho Supreme Court · 1900
- Hamilton & Rourke v. GordonOregon Supreme Court · 1892
3Cited by8 opinions
- National Produce Distributors, Inc. v. Miles & Meyer, Inc.Idaho Supreme Court · 1954
- Swanstrom v. Bell.Idaho Supreme Court · 1947
- Black v. DarrahIdaho Supreme Court · 1951
- Gordon v. LoerIdaho Supreme Court · 1937
- Ferrell v. McVeyIdaho Supreme Court · 1951
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