Legal Opinion

Thompson v. Cox

Idaho Supreme Court

Decided December 28, 1917Published

APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to foreclose lien. Judgment for plaintiff. Where there is evidence to support the finding of the court and the judgment, the judgment will not be reversed. (Brown v. GrvM, 23 Ida. 537, 130 Pac. 1073.) Where there is substantial evidence supporting the findings and judgment, the judgment will be affirmed.

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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action to foreclose lien. Judgment for plaintiff. Where there is evidence to support the finding of the court and the judgment, the judgment will not be reversed. (Brown v. GrvM, 23 Ida. 537, 130 Pac. 1073.) Where there is substantial evidence supporting the findings and judgment, the judgment will be affirmed. (Morris-Roberts Go. v. Mariner, 24 Ida. 788, 135 Pac. 1166.)

1Opinion of the CourtRice, J.

This is an appeal from a judgment foreclosing a lien upon certain cedar poles and piling, for labor in loading, sorting and yarding the same, and from an order over-' ruling appellants’ motion for a new trial.

As an affirmative defense, and by way of counterclaim, the appellants alleged that by the contract upon which the judgment was founded the respondent agreed to remove from cars at the yards of appellants, and pile, sort and reload all cars of cedar poles and piling delivered to appellants for the season of 1914; that respondent voluntarily abandoned the said contract on or about the 25th…

2Cases cited1 opinion

  1. Huber v. Blackwell Lumber Co.Idaho Supreme Court · 1915

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