Portland Seed Co. v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for damages for conversion. Judgment for defendants.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action for damages for conversion. Judgment for defendants. “Where the goods sold are designated so that no question can arise as to the thing intended, it is not absolutely essential that there should be a delivery, or that the goods should be in a deliverable condition, or that the quantity or quality, when the price depends upon either or both, should be determined — these being circumstances indicating intent, but not conclusive.” (Idaho Implement Go. v. Lambach, 16 Ida., 497,…
1Opinion of the CourtRice, C. J.
This is an action for damages for the conversion of clover seed. Appellant bases its title and right to possession upon the following contract:
“PORTLAND SEED COMPANY,
“Portland, Oregon.
“Date: Sept. 28, 1918.
“Bought of: Tom Clark.
“Postoffice: New Plymouth.
‘ ‘ Shipping Sta.: Emmett.
“Terms: $400. Balance F. O. B. Cars.
“Date of Shipt. - Via. -
“All conditions of sale must be expressed in writing. No verbal agreements recognized.
“This contract is for about two tons of red clover seed, or all he has on the 40-aere tract across the river. This seed is to be recleaned and in good seamless bags at 28^…
2Cases cited7 opinions
- Hamilton & Rourke v. GordonOregon Supreme Court · 1892
- Mark P. Miller Milling Co. v. Butterfield-Elder Implement Co.Idaho Supreme Court · 1919
- Kenney v. GroganCalifornia Court of Appeal · 1911
- Hughes & Zeek v. WileySupreme Court of Kansas · 1887
- Carlson v. Crescent Woodenware & Box Manufacturing Co.Idaho Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bowman v. AdamsIdaho Supreme Court · 1927
- National Produce Distributors, Inc. v. Miles & Meyer, Inc.Idaho Supreme Court · 1954
- Johnson v. BennionIdaho Supreme Court · 1949
- Black v. DarrahIdaho Supreme Court · 1951
- Martin v. WhiteleyIdaho Supreme Court · 1965
1 more not listed; retrieve them via the Exa API.