Downing v. Panata
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. Robert M. Terrell, Presiding Judge. Action on contract. Judgment for plaintiff, from which he appeals. Taking by the jury to its jury-room reguested instructions which were refused by the court was .error.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. Robert M. Terrell, Presiding Judge. Action on contract. Judgment for plaintiff, from which he appeals. Taking by the jury to its jury-room reguested instructions which were refused by the court was .error. (State v. Buster, 28 Ida. 110, 152 Pae. 196.) Error was committed at the trial by the court in refusing to accept the first two verdicts returned, and. in accepting the last verdict of the jury in lieu thereof. (22 Ency. PI. & Pr. 962; Proffatt on Jury Trial, secs. 456, 461; Thompson on Trials, 1998.) When…
1Opinion of the CourtMorgan, C. J.
This action was commenced by appellant to recover $730 from respondent for cattle sold by the former to the latter. Respondent alleged a rescission of the contract of sale and, as a counterclaim, that appellant was indebted to him for hay and pasturage in the sum of $469. *302The appeal is from a judgment in favor of plaintiff for $375, and from an order overruling his motion for a new trial.
Appellant complains of the introduction in evidence of a statement made by his son, not in his presence, which was admitted on the theory that the son was acting as the father’s agent. There is probably…
2Cases cited1 opinion
- Bates v. PriceIdaho Supreme Court · 1917
3Cited by2 opinions
- Baldwin v. EwingIdaho Supreme Court · 1949
- Hardinger v. TillWashington Supreme Court · 1939