Huber v. Blackwell Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action on contract. Judgment for plaintiff. Under the terms of the contract, it was the duty of respondent to supply all means and appliances necessary to prosecute the work and to deliver the logs along camp 4 spur on or before Nov. 1, 1912, and the law will presume that the supplying of such appliances was a part of the contract price and covered thereby.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action on contract. Judgment for plaintiff. Under the terms of the contract, it was the duty of respondent to supply all means and appliances necessary to prosecute the work and to deliver the logs along camp 4 spur on or before Nov. 1, 1912, and the law will presume that the supplying of such appliances was a part of the contract price and covered thereby. (GodMn v. Monahan, 83 Fed. 116, 27 C. C. A. 410; Gabrielson v. Hague Box & Lbr. Go., 55 Wash. 342, 133 Am. St. 1032, 104 Pac.…
1Opinion of the CourtMorgan, J.
— This appeal was heard at the December, 1914, term and an opinion was rendered. A petition for rehearing was granted, the case was reargued and again submitted for decision.
The action was brought to recover $2,619.77 alleged to be the balance due from appellant to respondent for sawlogs sold and delivered by respondent to appellant under.a written contract, which is, in part, as follows:
“ (1) The party of the first part agrees to sell and deliver to the party of the second part all the merchantable white pine timber now standing on the above-described land; and at least one million…
2Cases cited8 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Godkin v. MonahanCourt of Appeals for the Seventh Circuit · 1897
- Richards v. ShawIllinois Supreme Court · 1873
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- McDonough v. Evans Marble Co.Court of Appeals for the Sixth Circuit · 1902
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3Cited by2 opinions
- Anderson v. Council Lumber Co.Idaho Supreme Court · 1917
- Thompson v. CoxIdaho Supreme Court · 1917