Sweetser v. Mellick
Idaho Supreme Court
APPEAL from District Court, Bannock County. The verdict of the jury and the judgment is not supported by the evidence and is against the law. The court erred in giving the instruction, in which the jury are told that they should duly consider all the evidence with the view of doing absolute justice between the parties according to the best of their skilL and ability.
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APPEAL from District Court, Bannock County. The verdict of the jury and the judgment is not supported by the evidence and is against the law. The court erred in giving the instruction, in which the jury are told that they should duly consider all the evidence with the view of doing absolute justice between the parties according to the best of their skilL and ability. The jury should arrive at a verdict from the facts according to the law as given by the court and then equal justice will generally be the result, but if the jury are to find according to their views of equal justice, guided by…
1Opinion of the CourtMorgan, J.
On May 8, 1893, plaintiffs agreed to sell and deliver to defendant, inter alia, all their steers, three years old and upward, being about four hundred head, one hundred, at least, of which should be four years old and upward, and' ranging in Cassia county, Idaho; to be delivered at American Falls, in Oneida county, or at Pocatello, in Bannock county, at the ■option of defendant. “All cattle to be of full age at the time of delivery, and in good condition, free from cripples, stags or runts or diseased animals of any kind, and to be straight range •cattle.” For which said defendant was to pay…
2Cited by3 opinions
- McHale v. Goshen Ditch Co.Wyoming Supreme Court · 1935
- Sweetzer v. MellickIdaho Supreme Court · 1898
- Jobbers Overall Co. v. E. R. Deputy Co.Nebraska Supreme Court · 1923