Cupples v. Zupan
Idaho Supreme Court
APPEAL from the District Court of the.Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover the value of goods, wares and merchandise sold and delivered.
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APPEAL from the District Court of the.Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover the value of goods, wares and merchandise sold and delivered. Judgment for defendant, and plaintiffs appeal., A new trial will be granted where it appears that the moving party has been surprised at the theory adopted by his opponent when he could not have guarded against such surprise with reasonable prudence (C. S., sec. 6688; Lillenthal v. Anderson, 1 Ida. 673; Hall v. Jensen, 14 Ida. 165, 93 Pac. 962), and for the absence of material written evidence at the trial…
1Opinion of the CourtLee, J.
This was an action to recover the value of goods, wares and merchandise alleged to have been sold and delivered by appellants to respondent, at his special instance and request. The answer denies that appellants ‘ ‘ sold and delivered” said goods, wares and merchandise to him. The cause was tried by the court with a jury, and a verdict was returned for respondent. Appellants moved for a new trial, which was denied, and this appeal is from the judgment and from the order denying a new trial. In their brief, ap*462pellants assign fifty-one errors of law, and also state twenty-seven separate…
2Cases cited5 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Anderson v. Salt Lake & Ogden Railway Co.Utah Supreme Court · 1909
- Lindsay v. WyattIdaho Supreme Court · 1878
- Feldman v. SheaIdaho Supreme Court · 1899
3Cited by8 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Boise City v. Better Homes, Inc.Idaho Supreme Court · 1952
- Stone Ex Rel. Estate of Webster v. WebsterIdaho Supreme Court · 1943
- Werry v. GoodmanIdaho Supreme Court · 1956
- Baird v. Kensal Light & Power Co.North Dakota Supreme Court · 1932
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