Buster v. Fletcher
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. An action to recover a debt upon a written contract of employment to construct a building. If time is to be of the essence of the contract, it must appear that the parties made it essential to the contract or it will not be so regarded.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. An action to recover a debt upon a written contract of employment to construct a building. If time is to be of the essence of the contract, it must appear that the parties made it essential to the contract or it will not be so regarded. (Secomb v. Steele, 61 U. S. 94, 15 L. ed. 833; AM v. Johnson, 61 U. S. 511, 15 L. ed. 1005; Close v. Clarke, 30 N. T. St. Rep. 671, 9 N. T. Supp. 538.) The subscribers could only object through their executive committee, or, at most, when all of the…
1Opinion of the CourtStewart, C. J.
Upon the 13th day of December, 1909, the plaintiff entered into a contract with the defendant and forty-three other persons, and under the terms of such contract the plaintiff agreed to build and construct and equip a butter factory and feed-mill for the sum of $4,000, and said defendant, together with each of the other persons who signed the contract with him promised and agreed to pay the plaintiff the sum of $100 upon the completion of said butter factory and feed-mill, according to the terms of the contract. The contract provided, among other things, as follows: “Second parties agree to…
2Cases cited10 opinions
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1893
- Cunningham v. StonerIdaho Supreme Court · 1904
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- McArthur v. BoardSupreme Court of Iowa · 1903
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3Cited by15 opinions
- Deshazer v. TompkinsIdaho Supreme Court · 1969
- Christensen v. StuchlikIdaho Supreme Court · 1967
- Summerfield v. PringleIdaho Supreme Court · 1943
- MacDonald v. OganIdaho Supreme Court · 1940
- Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751District Court, W.D. Washington · 1950
10 more not listed; retrieve them via the Exa API.