Hatcher v. Ferguson
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. James R. Bothwell, Judge. Action for damages. Appeal from judgment for defendant. “If a party by Ms contract charge himself with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse Mm.”
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APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. James R. Bothwell, Judge. Action for damages. Appeal from judgment for defendant. “If a party by Ms contract charge himself with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse Mm.” (United States v. Gleason, 175 U. S. 588, 20 Sup. Ct. 228, 44 L. ed. 284, sec, also, Rose’s U. S. Notes; 6 R. C. L. 365; Malcolmson v. Wapoo Mills, 88…
1Opinion of the Court
DUNN, J.;
This action was brought by tbe plaintiff against tbe defendant for $3,979.40, alleged to be tbe difference, on tbe first day of September, 1916, between tbe contract price of 4,140 lambs and tbe market value thereof on said date, and also for tbe sum of $2,070 theretofore paid defendant by plaintiffs on tbe following contract:
*642“SHEEP BILL OF SALE.
“June 17th, 1916.
“This is to certify that I have this day sold to Hatcher & Snyder not less than 6400 head of unshorn lambs out' of my flocks, 15 days notice, sellers option at the price of 8‡ per pound to be delivered F. O. B. cars at…
2Cited by10 opinions
- Ehlinger v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1931
- Swift Canadian Co. v. BanetCourt of Appeals for the Third Circuit · 1955
- Fullmer v. ProctorIdaho Supreme Court · 1938
- Robert R. Stalik v. United StatesCourt of Appeals for the Tenth Circuit · 1957
- Hatcher v. NewmanIdaho Supreme Court · 1921
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