Constantine v. McDonald
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District in and for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for excavating earth and rock. Judgment for plaintiffs.
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APPEAL from tbe District Court of the First Judicial District in and for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for excavating earth and rock. Judgment for plaintiffs. “If a person cannot read the language in which a contract is written, it is as much his duty to procure some person to read and explain it to him before he signs it as it would be to read it before he signed it if he were able to do so, and his failure to obtain a reading and explanation of it is such gross negligence as will estop him from avoiding it on the ground that he was ignorant of its contents.” (9…
1Opinion of the CourtSullivan, J.
This action was brought to recover a balance due upon an alleged verbal agreement for the excavation of certain rock and earth along the line of the C. M. & St. P. Ry. Co. in Shoshone county.
The action was tried by the court with a jury and verdict and judgment were given and entered in favor of the respondents for the sum of $1,272.55 and costs of suit. A motion for a new trial was denied and this appeal is from the judgment and order denying the new trial.
Several errors are assigned but the main question in dispute was whether or not the agreed price for the excavation of rock and earth was…
2Cited by10 opinions
- Cristo Viene Pentecostal Church v. PazIdaho Supreme Court · 2007
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- West v. PraterIdaho Supreme Court · 1937
- Smith v. ThomasIdaho Supreme Court · 1926
- Peck v. NixonIdaho Supreme Court · 1929
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