Juliaetta Tramway Co. v. Vollmer
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. This is an action brought by the assignee of a certain bond’ for the construction of a railroad to the town of Juliaetta. There is no allegation in the complaint of any damage, nor was there any proof introduced by the plaintiff of any damage,, nor was there any proof introduced by the plaintiff of any damages for the failure of the defendants to build the railroad within the time specified in the bond.
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APPEAL from District Court, Nez Perces County. This is an action brought by the assignee of a certain bond’ for the construction of a railroad to the town of Juliaetta. There is no allegation in the complaint of any damage, nor was there any proof introduced by the plaintiff of any damage,, nor was there any proof introduced by the plaintiff of any damages for the failure of the defendants to build the railroad within the time specified in the bond. This is a bond given for the performance of three separate and distinct things:. 1. The construction of a railroad to Juliaetta; 2. The…
1Opinion of the CourtHuston, J.
— This is an action brought upon an instrument in writing, which is as follows:
*411“Exhibit TB.’
“Enow all men by these presents, that we, John P. Vollmer, of Lewiston, Idaho territory, and H. S. Huson, of Tacoma, state of Washington, are held firmly bound unto Eupert Sehupfer, of Juliaetta, Idaho territory, in the sum of six thousand dollars ($6,000), to be paid to the said Eupert Sehupfer, his executors, administrators, or assigns, for which payment well and truly to be made we bind ourselves, our heirs, administrators, executors, and assigns, jointly and severally, by these presents. Sealed…
2Cases cited3 opinions
- City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
- Kansas City, St. Joseph & Council Bluffs Railroad v. AldermanSupreme Court of Missouri · 1871
- Pearson v. Williams' AdministratorsNew York Supreme Court · 1841
3Cited by1 opinion
- Reeder v. Employees Hospital Ass'n.Supreme Court of Oklahoma · 1929