Kurdy v. Rogers
Idaho Supreme Court
APPEAL from District Court, Idaho County. Honorable E. C. Steele, Judge. Judgment for defendants, from which plaintiff appeals. The facts are stated in the opinion. When no sufficient evidence has been adduced by the plaintiff to justify the jury in finding a verdict in his favor, the court may order a nonsuit. But where there is any evidence for the plaintiff, it is improper to grant a nonsuit, and to the plaintiff’s evidence must be given the most favorable construction.
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APPEAL from District Court, Idaho County. Honorable E. C. Steele, Judge. Judgment for defendants, from which plaintiff appeals. The facts are stated in the opinion. When no sufficient evidence has been adduced by the plaintiff to justify the jury in finding a verdict in his favor, the court may order a nonsuit. But where there is any evidence for the plaintiff, it is improper to grant a nonsuit, and to the plaintiff’s evidence must be given the most favorable construction. (16 Am. & Eng. Ency. of Law, pp. 741-742.) A non-suit will not be granted where the evidence offered tends to show facts…
1Opinion of the Court
STOCKSLAGER, J. —
This action was commenced in the district court of Idaho county, to enforce the specific performance of a contract alleged to have been entered into on the seventeenth day of November, 1902, and by the terms of which it is alleged plaintiff — appellant here — was to pay to defendant — ■ respondent here — $2,000 for certain real estate described in the complaint as the community property of defendants. Plaintiff was to assume the payment of a certain mortgage of $800 and *419pay $500 on or before three weeks after said seventeenth day of November, 1902, and $500 on or before March…
2Cases cited4 opinions
- Northwestern & Pacific Hypotheek Bank v. RauchIdaho Supreme Court · 1900
- Kramer v. EwingSupreme Court of Oklahoma · 1900
- Catterlin v. BushOregon Supreme Court · 1901
- Law v. SpenceIdaho Supreme Court · 1897
3Cited by10 opinions
- Allen v. KitchenIdaho Supreme Court · 1909
- Ray v. FrasureIdaho Supreme Court · 2009
- Anselmo v. BeardmoreIdaho Supreme Court · 1950
- Spongberg v. First National BankIdaho Supreme Court · 1909
- Dunn v. DunnIdaho Supreme Court · 1938
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