Amonson v. Stone
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James R. Bothwell, Presiding Judge. Action in assumpsit. Judgment for plaintiffs. Where money or its equivalent has been paid for the use of another, the request or ratification may be either expressed or implied. (27 Cyc. 837.) A subsequent ratification renders the defendant liable. {Little Bros. Fertilizer etc.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. James R. Bothwell, Presiding Judge. Action in assumpsit. Judgment for plaintiffs. Where money or its equivalent has been paid for the use of another, the request or ratification may be either expressed or implied. (27 Cyc. 837.) A subsequent ratification renders the defendant liable. {Little Bros. Fertilizer etc. Co. v. Wilmott, 44 Fla. 166, 32 So. 808; Allen v. Bobo, 81 Miss. 443, 33 So. 288.) A subsequent recognition is equivalent to a previous request. {Oliphant v. Patterson, 56 Pa. St. 368; Wolff v.…
1Opinion of the CourtMorgan, J.
James P. Roddy and William Roddy contracted to deliver lumber to W. F. Stone, appellant herein, who was conducting a lumber business under the name of *658Stone Lumber Company, and on July 2, 1910, drew two orders upon him, as follows:
“Salmon, Idaho, July 2, 1910.
“Stone Lumber Co.
“Please pay to Mr. Amonson $36.95 and charge the same to
“JAMBS P. RODDY.”
“To Stone Lumber Co., Dr.
“Mr. W. H. O’Brien please pay to Lex Rossi for labor $36.75 Thirty-six 75/100.
“WM. RODDY.
“O.K. — By WM. RODDY.”
These orders were never accepted in writing by appellant, or his agent, but were paid by respondents, who'…
2Cases cited13 opinions
- Haluptzok v. Great Northern Railway Co.Supreme Court of Minnesota · 1893
- Pullman Palace Car Co. v. A. A. Nelson & WifeCourt of Appeals of Texas · 1899
- Fitzgerald Cotton Oil Co. v. Farmers Supply Co.Court of Appeals of Georgia · 1907
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Hall v. JensenIdaho Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carron v. GuidoIdaho Supreme Court · 1934
- Hammitt v. Virginia Mining Co.Idaho Supreme Court · 1919
- Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
- Friedman Bag Co. v. F. E. Baldwin & Co.Idaho Supreme Court · 1937