McDuffee v. Hayden-Coeur D'Alene Irrigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendants appeal. If, as the plaintiff maintains, the contracts are void, then no recovery can be had by him in this action, for no rights can be founded upon a void contract, and such contract can give rise to no iegal rights.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action for damages. Judgment for plaintiff. Defendants appeal. If, as the plaintiff maintains, the contracts are void, then no recovery can be had by him in this action, for no rights can be founded upon a void contract, and such contract can give rise to no iegal rights. (Calor Oil & Gas Go. v. Franzell, 128 Ky. 715, 109 S. W. 328; Moorhouse v. Kunkalman, 177 Ind. 471, 96 N. E. 600.) If this contract is void, then the courts will not give any relief whatever to either party to…
1Opinion of the CourtAilshie, C. J.
About the 14th of August, 1909, the respondent herein, John I. McDuffee, entered into a contract and agreement with the appellant Hayden-Coeur d’Alene Irrigation Co. for the purchase of certain tracts of land situated in Kootenai county, Idaho, and to be irrigated from the water of Hayden Lake. He made a cash payment of about $1,000, and the contract provided for the payment of a balance in instalments and that the company would maintain *374and operate the irrigation system for which McDuffee agreed to pay a stipulated annual fee for maintenance.
This action was instituted in the year 1912 by…
2Cases cited6 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
- Stansfield v. KunzSupreme Court of Kansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McShane v. QuillinIdaho Supreme Court · 1929