Snoderly v. Bower
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action on contract. Judgment for plaintiff. The contract in this case is on its face ambiguous and. uncertain. It can become enforceable only by a showing what was meant by the term “government rule.” If the contract could not be made plain in this regard, it was no agreement nor would an agreement exist unless the minds of the parties met.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action on contract. Judgment for plaintiff. The contract in this case is on its face ambiguous and. uncertain. It can become enforceable only by a showing what was meant by the term “government rule.” If the contract could not be made plain in this regard, it was no agreement nor would an agreement exist unless the minds of the parties met. (9 Cyc. 248, and cases cited.) The burden in this regard rests on the plaintiff and if he could not show a contract, certain in its…
1Dissent
BUDGE, C. J.,
Dissenting. — I am unable to concur in the conclusion reached by my associates.
It is conceded that the words “according to government rule” are ambiguous. It is expressly urged by appellant that “ — at least the law ought to imply — the common and universal meaning of such term, in the locality where the contract was made. ’ ’ He insists not only that the particular rule urged by him was the “government rule” the contracting parties had in mind, but further, since as he claims, it was the rule commonly and generally known as the government rule, that alone would govern and…
2Cases cited24 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Burgess v. HelmNevada Supreme Court · 1898
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Chicago, R. I. & P. Ry. Co. v. Bankers' Nat. BankSupreme Court of Oklahoma · 1912
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
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