O. A. Olin Co. v. Lambach
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Sbosbone County. Hon. Wm. W. Woods, Judge. Action for damages for breach of contract. Appeal from judgment of dismissal.
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APPEAL from tbe District Court of the First Judicial District, for Sbosbone County. Hon. Wm. W. Woods, Judge. Action for damages for breach of contract. Appeal from judgment of dismissal. The contract involved in this action was not lacking in mutuality, but embodied a written offer by the plaintiff to sell a definite number of shares of corporate stock at a definite price per share, payable on fixed dates, and upon the written acceptance of such offer by defendant it became a valid and binding contract. (1 Elliott on Contracts, sees. 25, 26, 57; Tiffany on Sales, sec. 15; Benjamin on Sales,…
1Opinion of the CourtMccarthy, J.
The amended complaint alleges that appellant sold respondent, and respondent purchased from appellant, 96,667 shares of the capital stock of the Old Hickory Mining Company, an Idaho corporation in accordance with a written contract as follows, to wit:
“Copy of Note Agreement to H. C. Lambach, March 6th, I919.
“We have this date sold to Mr. H. C. Lambach 96,667 shares of Old Hickory Mining Co. stock, under the following terms and conditions:
“That the price of the aforesaid stock shall be Ten Cents per share, and shall be paid for as follows: Twenty-five per cent of the purchase price on or…
2Cases cited12 opinions
- Tufts v. BennettMassachusetts Supreme Judicial Court · 1895
- Bill v. FullerCalifornia Supreme Court · 1905
- Mebius & Drescher Co. v. MillsCalifornia Supreme Court · 1907
- Frazier v. SimmonsMassachusetts Supreme Judicial Court · 1885
- Backes v. SchlickNebraska Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- MacLeod v. StelleIdaho Supreme Court · 1926
- Anderson v. GaileyIdaho Supreme Court · 1980
- Carey v. LaffertyIdaho Supreme Court · 1938
- Nelson v. HazelIdaho Supreme Court · 1967
- Wallace Bank & Trust Co. v. First National Bank of FairfieldIdaho Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.