Blumauer-Frank Drug Co. v. Young
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages and for goods sold and delivered. Judgment for defendant. The letters clearly form a part of the contract, and being signed by the defendant, not only ratify the contract but complete it and make it a written memorandum under the statutes of frauds.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for damages and for goods sold and delivered. Judgment for defendant. The letters clearly form a part of the contract, and being signed by the defendant, not only ratify the contract but complete it and make it a written memorandum under the statutes of frauds. (20 Cye. 278.) If the buyer accepts a part of the goods under an oral agreement, such acceptance makes the entire contract valid. (Gabriel v. Kildare Elevator Co., 18 Okl. 318, 11 Ann. Cas. 517, 90 Pac. 10, 10 L. R. A.,…
1Opinion of the CourtMorgan, J.
This action was commenced by appellant to recover judgment against respondent in the sum of $279.34. In the complaint two causes of action are stated, in the first *503of which it is alleged that an oral agreement was entered into between the parties whereby appellant was to sell, and respondent was to purchase, certain goods at the agreed price of $279.34; that pursuant to the agreement it shipped the goods to him at Coeur d’Alene, but that he refused and neglected to receive them from the railroad company, and that while they were still in the depot they were destroyed by fire. In the second…
2Cases cited4 opinions
- Thompson v. BurnsIdaho Supreme Court · 1908
- Booth v. A. Levy & J. Zentner Co.California Court of Appeal · 1913
- Campbell v. Weston Basket & Barrel Co.Washington Supreme Court · 1915
- Crowell v. EwingCalifornia Court of Appeal · 1906
3Cited by13 opinions
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- Mickelsen Construction, Inc. v. HorrocksIdaho Supreme Court · 2013
- Lawrence v. JonesIdaho Court of Appeals · 1993
- Remlinger v. Dravo CorporationIdaho Supreme Court · 1971
- SRM Arms, Inc. v. GSA Direct, LLCIdaho Supreme Court · 2021
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