Legal Opinion

Moscow Hardware Co. v. Regents of the University of Idaho

Idaho Supreme Court

Decided February 25, 1911PublishedCited by 8 opinions

Original action for a recommendatory judgment. It is indisputable that the value of the labor and material furnished by Colson & Son is the amount fixed by the architect Loring as $7,845.76. He was the architect in charge of the work and his estimates are binding upon the parties. (Thompson v. Bradbury, 5 Ida. 760, 51 Pac. 758; Tally v. Parsons, 131 Gal. 516, 63 Pac. 833; Amer. Bonding Go. v. Gibson, 127 Fed. 671, 62 C. C. A. 397; 30 Am. & Eng.

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Original action for a recommendatory judgment. It is indisputable that the value of the labor and material furnished by Colson & Son is the amount fixed by the architect Loring as $7,845.76. He was the architect in charge of the work and his estimates are binding upon the parties. (Thompson v. Bradbury, 5 Ida. 760, 51 Pac. 758; Tally v. Parsons, 131 Gal. 516, 63 Pac. 833; Amer. Bonding Go. v. Gibson, 127 Fed. 671, 62 C. C. A. 397; 30 Am. & Eng. Eney. of Law, 2d ed., 1270.) Where work and material have been furnished under a void contract with a municipality, but one which it was competent to…

1Opinion of the CourtSullivan, J.

This action was brought by the Moscow Hardware Co. against the Regents of the University of Idaho and the state of Idaho.

As a first cause of action, the plaintiff alleges that between October 1, 1906, and April 1, 1907, it delivered and furnished building material, hardware, finishings, goods, wares and merchandise to be used in the construction of the building known as the “Agricultural Building” of the University of the State of Idaho, of the value of $1,468.45, and that there remains due thereon the sum of $1,174.77; that said goods, wares and merchandise were furnished to Colson & Son,…

2Cited by8 opinions

  1. Renninger v. StateIdaho Supreme Court · 1950
  2. State ex rel. Black v. State Board of EducationIdaho Supreme Court · 1921
  3. Dreps v. Board of Regents of the UniversityIdaho Supreme Court · 1943
  4. Interstate Const. Co. v. Regents of University of IdahoDistrict Court, D. Idaho · 1912
  5. First National Bank v. Regents of UniversityIdaho Supreme Court · 1914

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