Legal Opinion

First National Bank of American Falls v. American Falls Canal & Power Co.

Idaho Supreme Court

Decided October 16, 1911Published

APPEAL from the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover a debt for labor done upon a canal. Judgment for plaintiff. Defendant appeals. Where different causes of action are alleged and are not inconsistent, the one with the other, the plaintiff may recover on either. (Darlcnell v. Coeur d’Alene & St. Joe Trams.

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APPEAL from the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to recover a debt for labor done upon a canal. Judgment for plaintiff. Defendant appeals. Where different causes of action are alleged and are not inconsistent, the one with the other, the plaintiff may recover on either. (Darlcnell v. Coeur d’Alene & St. Joe Trams. Co., 18 Ida. 61, 108 Pac. 537, 538.) “If a corporation clothes an officer or agent with apparent authority to act for it in a particular matter, it will be es-topped to deny snch authority as against persons dealing with him in good…

1Opinion of the CourtStewart, C. J.

This is an action to recover for labor alleged to have been performed by different persons upon a canal under construction by the appellant. The complaint consists of twenty-eight separate causes of action. In the first cause of action, after alleging the corporate character of the plaintiff and defendant, it is alleged that between the 1st day of August, 1908, and the 15th day of September, 1908, one R. W. Martin, at the request of the defendant, performed labor for the defendant upon its canals, ditches and irrigation works, to the value of $33, and for which the defendant agreed to pay,…

2Cases cited1 opinion

  1. Eells v. Gray Bros. Crushed Rock Co.California Court of Appeal · 1910

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