Wallace v. Hartford Fire Insurance
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages. Judgment for plaintiff. A general statement of the fundamental principles is sufficient to show that this is an action in contract and not in tort. (38 Cyc. 426; Atlantic <& P. By. Go. v. Laird, 164 U. S. 393, 17 Sup.
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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action for damages. Judgment for plaintiff. A general statement of the fundamental principles is sufficient to show that this is an action in contract and not in tort. (38 Cyc. 426; Atlantic <& P. By. Go. v. Laird, 164 U. S. 393, 17 Sup. Ct. 120, 41 L. ed. 485; 1 C. J. 929.) Where an agent acts on behalf of a disclosed principal, his acts and contracts within the scope of his authority are generally considered as the.acts and contracts of the principal, and, in the absence of an…
1Opinion of the CourtMorgan, J.
This is an action for damages which was, by agreement of the parties, tried to the court without a jury. It grew out of the following facts, either admitted or established by a preponderance of the evidence to the satisfaction of the trial court, and which we will assume to be true, in conformity with the well-known rule that “an appellate court will not disturb the judgment of a trial court, because of conflict in the evidence, where there is sufficient proof, if uncontradicted, to sustain it.” (Sweeten v. Ezell, 30 Ida. 154, 163 Pac. 612; Davenport v. Burke, 30 Ida. 599, 167 Pac. 481;…
2Cases cited7 opinions
- Duffie v. Bankers' Life Ass'nSupreme Court of Iowa · 1913
- Davenport v. BurkeIdaho Supreme Court · 1917
- Boyer v. State Farmers' Mutual Hail InsuranceSupreme Court of Kansas · 1912
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Lambrix v. FrazierIdaho Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- McAlvain v. General Insurance Co. of AmericaIdaho Supreme Court · 1976
- Featherston Ex Rel. Featherston v. Allstate InsuranceIdaho Supreme Court · 1994
- Dyer v. Missouri State Life Insurance Co.Washington Supreme Court · 1925
- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
18 more not listed; retrieve them via the Exa API.