Tilden v. Hubbard
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. An action to recover damages for default of written contract. When, after an enumeration of particulars, there is a sweeping clause, comprising all other things under a general description, the scope of such clause is restricted in such things within the description of the same kind with the particulars enumerated. (Booke v. Lord Kensington, 14 Eng. Rui.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. An action to recover damages for default of written contract. When, after an enumeration of particulars, there is a sweeping clause, comprising all other things under a general description, the scope of such clause is restricted in such things within the description of the same kind with the particulars enumerated. (Booke v. Lord Kensington, 14 Eng. Rui. Gas. 717, 2 K. & J. 753, 25 L. J. Ch. 795, 2 Jur., N. S., 755, 69 Eng. Reprint, 986; Grumley v. Webb, 44 Mo. 444, 100 Am. Dec. 304;…
1Opinion of the CourtStewart, J.
The respondent, Eugene M. Tilden, brought this action against the appellant, Daniel R. Hubbard, to recover damages in the sum of $15,200 for breach of contract entered into between the parties on December 16, 1909. The complaint alleges the making of the contract and sets forth such contract, and alleges that the defendant plowed and planted the land in the spring of 1910; that the trees then set out were not at the time of setting in a healthy, growing condition, but that they were greatly weakened in vitality; that said trees were not set in loose top soil, but that a large proportion were…
2Cases cited13 opinions
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- State v. BondIdaho Supreme Court · 1906
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
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3Cited by8 opinions
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- Cady v. KellerIdaho Supreme Court · 1916
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