Seder v. Grand Lodge of Ancient Order of United Workmen
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages for breach of contract. Judgment for plaintiff. An action for a breach of a contract cannot be split up into two or more causes of action. There can be only one cause of action for the breach of a contract.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for damages for breach of contract. Judgment for plaintiff. An action for a breach of a contract cannot be split up into two or more causes of action. There can be only one cause of action for the breach of a contract. (Dennis v. Maxfield, 10 Allen (Mass.), 138; Hale v. Trout, 35 Cal. 229; Wells v. National Life Assn., 99 Fed. 222, 39 C. C. A. 476.) The contract could not have been fully performed within one year from the making thereof, and therefore the verdict is against…
1Opinion of the Court
EICE, C. J.-
In this cause the amended complaint sets out two causes of action: The first for the purpose of recovering a balance claimed by plaintiff below, respondent here, to be due for commissions earned under a certain contract ; -the second, .for loss of profits by reason of breach of the same contract.
Appellant specifies as error the action of the court in denying its motion to require respondent to elect upon which cause of action he would' rely for recovery. While we are *280of the opinion that it was not necessary to set out respondent’s cause of action in two counts, yet no prejudice…
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- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
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- Wagniere v. DunnellSupreme Court of Rhode Island · 1909
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