Harrison v. Russell & Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action by plaintiffs for surrender and cancellation of certain promissory notes. Judgment for defendants and plaintiffs moved for a new trial, which was denied. Plaintiffs appealed from the judgment and order. Conditions inserted in a contract, and involving forfeiture of a right of a recovery of damages for a breach thereof, must be strictly construed.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action by plaintiffs for surrender and cancellation of certain promissory notes. Judgment for defendants and plaintiffs moved for a new trial, which was denied. Plaintiffs appealed from the judgment and order. Conditions inserted in a contract, and involving forfeiture of a right of a recovery of damages for a breach thereof, must be strictly construed. (Insurance Co. v. Earle, 33 Mich. 151; Massachusetts Loan etc. Trust Co. v. Welch, Ml Minn. 183, 49 N. W. 740.) It is provided in the…
1Opinion of the CourtAilshie, J.
The appellants commenced this action to have three certain promissory notes previously executed by them and delivered to the respondent surrendered and canceled, and for the recovery of the sum of $250 previously paid on the notes, and to recover the further sum of $106.30-for work and labor performed and supplies furnished respondent in connection with the transaction for which the notes were given. The respondent, defendant in the lower court, answered, denying the allegations of plaintiffs’ alleged cause of action, and alleged that there was due and owing on the three several notes the sum…
2Cases cited10 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Baker v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1901
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3Cited by4 opinions
- Ventura Manufacturing & Implement v. WarfieldCalifornia Court of Appeal · 1918
- W. H. Bintz Co. v. MuegglerIdaho Supreme Court · 1944
- Palmer v. Reeves & Co.Missouri Court of Appeals · 1909
- J. I. Case Threshing Machine Co. v. TateSupreme Court of Colorado · 1921