Kerr v. Finch
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action for breach of contract. Judgment for defendant. Plaintiff appeals. I am aware that in Houser v. Hobart, 22 Ida. 735, 127 Pac. 997, 43 L. R. A., N. S., 410, this court has decided that contracts of this kind must be signed by both parties. Other questions decided in Houser v. Hobart are not involved here, because this contract' is definite and specific.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action for breach of contract. Judgment for defendant. Plaintiff appeals. I am aware that in Houser v. Hobart, 22 Ida. 735, 127 Pac. 997, 43 L. R. A., N. S., 410, this court has decided that contracts of this kind must be signed by both parties. Other questions decided in Houser v. Hobart are not involved here, because this contract' is definite and specific. It seems that with the exception of the Michigan eases and Houser v. Hobart, the authorities in England and the United States…
1Opinion of the CourtAilshie, C. J.
This case involves the validity of a contract for the sale of grain signed by the vendor only.
The same question is argued in this ease that was considered in Houser v. Hobart, 22 Ida. 735, 127 Pac. 997, 43 L. R. A., N. S., 410. It is urged that the construction placed by this court in that case on sec. 6009, Rev. Codes, is contrary to the overwhelming weight of authority, and we are for that reason asked to reconsider the question there passed upon.
We are alive to the fact that the holding of that case is contrary to the current of authority, but we are equally satisfied that this multitude…
2Cases cited1 opinion
- Houser v. HobartIdaho Supreme Court · 1912
3Cited by14 opinions
- Sherwood v. CarterIdaho Supreme Court · 1991
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- C. Forsman Real Estate Company v. HatchIdaho Supreme Court · 1976
- Bethke v. Idaho Sav. & Loan AssociationIdaho Supreme Court · 1969
- Gaskill v. JacobsIdaho Supreme Court · 1924
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