Tatum v. Coast Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon.( Fremont Wood, Judge. Action by plaintiff to recover a balance on contract for sale of goods. Judgment for the defendant and plaintiff appeals.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon.( Fremont Wood, Judge. Action by plaintiff to recover a balance on contract for sale of goods. Judgment for the defendant and plaintiff appeals. Judgment A mutual assent is necessary to the formation of a contract, and-it follows that an error or mistake of facts, which goes to the essence of the agreement, and therefore excludes such assent, prevents the formation of the contract, since each party is really agreeing to something different, notwithstanding the apparent mutual assent. (Mummenhoff v.…
1Opinion of the CourtAilshie, J.
This action was instituted by the appellants for the recovery of $1,060, claimed to be due them as a balance for certain merchandise sold to the respondent between October 10th and November 17, 1905. The defendant denied the indebtedness and the ease was tried to the court without a jury, and findings and judgment were entered in favor of the defendant. The appeal is from the judgment and an order denying a motion for a new trial. This action is the result of a dispute which arose between the appellants and respondent over the purchase of a bill of machinery. The facts essential to the…
2Cases cited7 opinions
- Steinmeyer v. SchroeppelIllinois Supreme Court · 1907
- Crane v. McCormickCalifornia Supreme Court · 1891
- Bonney v. StoughtonIllinois Supreme Court · 1887
- Brown v. LevyCourt of Appeals of Texas · 1902
- Moffett, Hodgkins & Clarke Co. v. City of RochesterCourt of Appeals for the Second Circuit · 1898
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3Cited by5 opinions
- St. Nicholas Church v. KroppSupreme Court of Minnesota · 1916
- Board of Regents Murray Normal School v. ColeCourt of Appeals of Kentucky (pre-1976) · 1925
- C. H. Young Co. v. SpringerSupreme Court of Minnesota · 1911
- Moran v. CopemanIdaho Supreme Court · 1935
- Cohen v. MerrillIdaho Supreme Court · 1972