Davidson Grocery Co. v. Johnston
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action in assumpsit to recover the value of personal property where it was tortiously taken. Judgment for plaintiff. Plaintiff, having seen fit to “waive” the tort, is bound by such waiver for all time, and cannot again refer to the same, either by evidence or otherwise.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action in assumpsit to recover the value of personal property where it was tortiously taken. Judgment for plaintiff. Plaintiff, having seen fit to “waive” the tort, is bound by such waiver for all time, and cannot again refer to the same, either by evidence or otherwise. If he desired to sue upon an implied contract growing out of the tortious acts of the defendants and to rely upon the evidence of such tortious acts in order to establish the implied contract, the complaint did not show…
1Opinion of the CourtStewart, J.
This is an action for conversion of personal property of the value of $7,517.25. The case was tried to a jury and a verdict was rendered in favor of the plaintiff for the sum of $5,000. An appeal was taken from the judgment and the evidence is brought to this court on appeal for review. .
The complaint alleges that the Davidson Grocery Company is a corporation, existing under the laws of Idaho, and that between the 1st day' of December, 1910, and the 5th day of January, 1912, the plaintiff sold and delivered to the defendants, at the special request of said defendants, about 25,725 pounds of…
2Cases cited12 opinions
- House v. MetcalfSupreme Court of Connecticut · 1858
- Plumb v. GriffinSupreme Court of Connecticut · 1901
- Lehmann v. SchmidtCalifornia Supreme Court · 1890
- Harrison v. HendersonSupreme Court of Kansas · 1903
- Roberts v. EvansCalifornia Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Addy v. StewartIdaho Supreme Court · 1949
- Needs v. HebenerIdaho Court of Appeals · 1990
- Kugler v. Northwest Aviation, Inc.Idaho Court of Appeals · 1985
- O'HARROW v. Salmon River Uranium Development, Inc.Idaho Supreme Court · 1962
- Argonaut Insurance Companies v. Tri-West Construction Co.Idaho Court of Appeals · 1984
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