Houser v. Hobart
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. Edgar C. Steele, Judge. Action to recover damages for violation of contract to sell barley. Judgment for defendants. The weight of authority is that the statute is satisfied if the memorandum be signed by the party sought to be charged -alone, or, in other words, by the party defendant in an action brought to enforce the contract, whether he be vendor or vendee. (29 Am. & Eng.
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APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. Edgar C. Steele, Judge. Action to recover damages for violation of contract to sell barley. Judgment for defendants. The weight of authority is that the statute is satisfied if the memorandum be signed by the party sought to be charged -alone, or, in other words, by the party defendant in an action brought to enforce the contract, whether he be vendor or vendee. (29 Am. & Eng. Eney. of Law, 2d ed., 858; 20 Cyc. 272, D. 2.) The Idaho statute seems intended to make clear that the party whose signature is…
1Opinion of the CourtSullivan, J.
This is an appeal from an order sustaining a demurrer to plaintiff’s complaint and from a judgment of dismissal entered upon plaintiff’s refusal to plead further. The object and purpose of the appeal is to have determined the sufficiency of a written memorandum for the sale of certain barley, under the statute of frauds. (Subd. 4 of sec. 6009, Rev. Codes.)
The plaintiff is a grain dealer and the defendants are farmers engaged in farming operations near the towns of Vollmer and Nez Perce, in Lewis county. The written memorandum of contract is as follows:
“Vollmer Idaho Aug 2nd 1911.
“This…
2Cases cited10 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Gault v. StormontMichigan Supreme Court · 1883
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Wilkinson v. HeavenrichMichigan Supreme Court · 1886
- Tucker v. WoodsNew York Supreme Court · 1815
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3Cited by29 opinions
- Minich v. Gem State Developers, Inc.Idaho Supreme Court · 1979
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- C. Forsman Real Estate Company v. HatchIdaho Supreme Court · 1976
- First Security Bank of Idaho, N.A. v. MurphyIdaho Supreme Court · 1998
- Anselmo v. BeardmoreIdaho Supreme Court · 1950
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