Idaho Mercantile Co. v. Kalanquin
Idaho Supreme Court
APPEAL from District Court, Kootenai County. A party moving for nonsuit must state in his motion the precise grounds on -which he relies, and a motion not complying with this rule, but stated in general terms, should be denied.
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APPEAL from District Court, Kootenai County. A party moving for nonsuit must state in his motion the precise grounds on -which he relies, and a motion not complying with this rule, but stated in general terms, should be denied. (.Miller v. Luco, 80 Cal. 237, 22 Pae. 195; Loring v. Steuart, 79 Cal. 201, 21 Pac, 651; Coffey v. Greenfield, 62 Cal. 608; Shain v. Forbes, 82 Cal. 582, 23 Pae. 198; Gardiner v. Schmaelzle, 47 Cal. 588.) Appellant submits that the court erred in sustaining the motion for a nonsuit on the further ground that the second cause of action set up in the plaintiff’s…
1Opinion of the CourtSullivan, J.
This action was brought to recover $1,072.28, stated in two causes of action. It appears from the record that the respondent (who was defendant in the court below) entered into a contract with the Northern Pacific Railway Company, whereby he agreed to furnish said company thirty-five thousand ties at the rate of twenty-four cents for first-class and seventeen cents for second-class ties, and thereafter, on the fifteenth day of November, 1898, the respondent entered into a contract with the appellant corporation, the Idaho Mercantile Company, whereby it was to have an equal share in all…
2Cases cited5 opinions
- Miller v. LucoCalifornia Supreme Court · 1889
- Shain v. ForbesCalifornia Supreme Court · 1890
- Flynn v. DoughertyCalifornia Supreme Court · 1891
- Gardiner v. SchmaelzleCalifornia Supreme Court · 1874
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
3Cited by18 opinions
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
- Kroetch v. Empire Mill Co.Idaho Supreme Court · 1903
- Evans v. DavidsonIdaho Supreme Court · 1938
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- McAlinden v. St. Maries Hospital Ass'nIdaho Supreme Court · 1916
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