Moser v. Pugh-Jenkins Furniture Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County, Hon. Chas. P. McCarthy, Judge, Action for money had and received. “In an action where one is entitled to relief at law or relief in equity, his complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language.”
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APPEAL from the District Court of the Third Judicial District, for Ada County, Hon. Chas. P. McCarthy, Judge, Action for money had and received. “In an action where one is entitled to relief at law or relief in equity, his complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language.” (Bates v. Capital State Bank, 21 Ida. 141, 148, 121 Pac. 561.) ‘‘The complaint of money had and received, unless on an account, must usually be special, setting forth the relation of the parties and the contract or wrong by means of which the money was…
1Opinion of the CourtBudge, C. J.
The complaint in this action sets forth merely the usual form of common-law count for money had and received without alleging any of the specific facts upon which the claim is predicated. The answer consists of certain denials coupled with a separate answer and affirmative defense wherein it is alleged that the parties entered into a contract for the sale of certain furniture and fixtures located in what is known as the Angus Rooming House, located in Boise, for $4,380. That one thousand dollars was paid- upon the purchase price and the balance was to be paid in instalments, and that this…
2Cases cited10 opinions
- Breshears v. CallenderIdaho Supreme Court · 1913
- Grannis v. HookerWisconsin Supreme Court · 1871
- Humbird v. DavisSupreme Court of Pennsylvania · 1904
- Wilson v. Baker Clothing Co.Idaho Supreme Court · 1913
- Stout v. Caruthersville Hardware Co.Missouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Zounich v. AndersonIdaho Supreme Court · 1922
- First SEC. Bank of Idaho v. WebsterIdaho Supreme Court · 1991
- Thomas v. GordonIdaho Supreme Court · 1948
- Wallace v. PerryIdaho Supreme Court · 1953
5 more not listed; retrieve them via the Exa API.