Clark v. Paddock
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Aetion for the foreclosure of a mortgage. Judgment for plaintiff. Defendant appealed. The question of estoppel arose when the tender was made to the plaintiff in the form of a draft on Feb. 27, 1911; he did not object to the form of tender or to the amount of tender.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Aetion for the foreclosure of a mortgage. Judgment for plaintiff. Defendant appealed. The question of estoppel arose when the tender was made to the plaintiff in the form of a draft on Feb. 27, 1911; he did not object to the form of tender or to the amount of tender. He did not intimate in any way that he had elected to declare the Whole amount due, neither did he demand at the time that the whole amount of principal and interest should be paid to him. (Barnhart n. Fulkerth, 73 Cal.…
1Opinion of the CourtAilshie, C. J.
The motion made in this ease to strike the agreed statement of facts and the reporter’s transcript from the record is not well taken, and must be denied. The stipulation of facts constitutes a part of the evidence in the case and is referred to both in the reporter’s notes and the findings of the court. The transcript of the evidence is duly settled and certified by the presiding judge in accordance with the statute.
This is an action for foreclosure of a real estate mortgage. On the 16th day of August, 1909, Asaph D. Clark, one of the respondents herein, sold to Emma L. Paddock, the…
2Cases cited21 opinions
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- McKean v. German-American Savings BankCalifornia Supreme Court · 1897
- Meyer v. WeberCalifornia Supreme Court · 1901
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bennett v. BlissIdaho Court of Appeals · 1982
- Barth v. ElyMontana Supreme Court · 1929
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Bennett v. Twin Falls North Side Land & Water Co.Idaho Supreme Court · 1915
- McCormick v. DaggettSupreme Court of Arkansas · 1924
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