Marshall v. Gilster
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action, for recovery of purchase price following rescission of contract. Appeal from judgment of nonsuit.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action, for recovery of purchase price following rescission of contract. Appeal from judgment of nonsuit. A motion for nonsuit admits the truth of plaintiffs’ evidence and of every fact which it tends to prove or which could be gathered from any reasonable view of it, and he is entitled to the benefit of all inferences in his favor which the jury would have been justified in drawing from the evidence had the case been submitted to it (citing same authorities cited in opinion). An…
1Opinion of the CourtMcCABTHY, J.
On August 27, 1917, respondents and appellants entered into a written contract by which the former agreed to sell and the latter to buy a large stock ranch, 4,950 sheep, 140 head of cattle, 40 head of horses and 400 tons of hay, together with farm equipment and other personal property, for a consideration of $100,000. Ten thousand dollars was paid upon the execution of the agreement. The contract provided:
“That the said parties of the second part hereby agree and obligate themselves jointly and severally, to receive said property and pay the balance of said purchase price, on or before the…
2Cases cited24 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- San Diego Construction Co. v. MannixCalifornia Supreme Court · 1917
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Burks v. DaviesCalifornia Supreme Court · 1890
- Later v. HaywoodIdaho Supreme Court · 1906
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pocatello Security Trust Co. v. HenryIdaho Supreme Court · 1922
- Denton v. City of Twin FallsIdaho Supreme Court · 1933
- Hendrix v. City of Twin FallsIdaho Supreme Court · 1934
- Hauter v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1923
- Points v. TurnerIdaho Supreme Court · 1924
19 more not listed; retrieve them via the Exa API.