Moyer v. Hyde
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. ¥m. A. Babcock, Judge. Action to recover money had and received. Judgment for plaintiffs and defendants appeal.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. ¥m. A. Babcock, Judge. Action to recover money had and received. Judgment for plaintiffs and defendants appeal. If the newly discovered evidence is cumulative merely, or designed to contradict a witness, it is not of a character to warrant a new trial, but this rule is subject to the limitation that if it appears probable that a different result would follow a retrial, by reason of the introduction of such evidence, and if the evidence is of such a character as to wholly overthrow the evidence of the…
1Opinion of the CourtLee, J.
This was an action by respondents against appellants to recover money paid on the purchase price of a Kissel Kar, which they claim was never delivered, and damages in being deprived of its use during appellants’ alleged default.
The answer admits that respondents purchased from the defendant and appellant Buhl Auto Company on July 5, 1917, a Kissel Kar, and alleges that it delivered Kissel Kar No. 3012, which had been used as a demonstrating car, and that respondents executed in payment therefor their title note for $1,425, which note as it now appears in the record recites that it was given…
2Cases cited2 opinions
- Kimpton v. Studebaker Bros.Idaho Supreme Court · 1908
- Sanderson v. ClarkIdaho Supreme Court · 1920
3Cited by15 opinions
- Watson v. Navistar International Transportation Corp.Idaho Supreme Court · 1992
- Dawson v. EldredgeIdaho Supreme Court · 1962
- Bell v. Idaho Finance Co.Idaho Supreme Court · 1953
- McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
- Lehmkuhl v. BollandIdaho Court of Appeals · 1988
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