Lewis v. Utah Construction Co.
Idaho Supreme Court
APPEAL from tbe District Court of Bannock County. Honorable Alfred Budge, Judge. Action to recover balance due on railroad construction contract. Judgment for the plaintiffs. The facts are stated in the opinion. All material facts essential to the establishment of plaintiffs’ right should be pleaded, and if they are not pleaded a general demurrer will be sustained.
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APPEAL from tbe District Court of Bannock County. Honorable Alfred Budge, Judge. Action to recover balance due on railroad construction contract. Judgment for the plaintiffs. The facts are stated in the opinion. All material facts essential to the establishment of plaintiffs’ right should be pleaded, and if they are not pleaded a general demurrer will be sustained. (Bingham, County v, Woodm et al.j 6 Idaho, 284, 55 Pac. 662.) According to the allegations of the complaint plaintiffs rely upon the estimates made and furnished them by the defendant. These are the estimates that plaintiffs are…
1Opinion of the Court
SULLIVAN, C. J. —
This is an action brought by the respondents as copartners against the appellant, the Utah Construction Company, upon a verbal contract, to recover an alleged balance due for work and labor performed by the respondents upon the Oregon Short Line Eailroad between mile-posts 280 and 290 in the state of Montana.
The complaint contains four separate counts or causes of action, but the trial proceeded upon the first and third causes stated in the complaint. Said contract was entered into on or about the fifteenth day of May, 1900, and the work to be performed thereunder consisted…
2Cases cited5 opinions
- Valley Lumber Co. v. SmithWisconsin Supreme Court · 1888
- Misner v. DarlingMichigan Supreme Court · 1880
- Campau v. MoranMichigan Supreme Court · 1875
- Richardson v. McGoldrickMichigan Supreme Court · 1880
- Kirk v. L. Wolf Manufacturing Co.Illinois Supreme Court · 1886
3Cited by8 opinions
- Naccarato v. Village of Priest RiverIdaho Supreme Court · 1948
- Chick v. TomlinsonIdaho Supreme Court · 1975
- Colorado Milling & Elevator Co. v. ProctorIdaho Supreme Court · 1938
- Patrick v. Smith Baking Co.Idaho Supreme Court · 1942
- Hessing v. DrakeIdaho Supreme Court · 1965
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