Brown v. Herrick
Idaho Supreme Court
APPEAL from, the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover balance due upon an open account. Judgment for plaintiffs and dismissing complaint in intervention.
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APPEAL from, the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover balance due upon an open account. Judgment for plaintiffs and dismissing complaint in intervention. The question of transfer to and vesting of title in the purchaser always involves a question of the intentions of the contracting parties; and it is to be ascertained whether their negotiations and acts are evidence of an intention on the part of the seller to relinquish all former claim or control as owner, and on the part of the buyer, to assume such control with…
1Opinion of the CourtBudge, J.
This is an action by respondents D. E. Brown and J. M. Brown to recover from respondent Robert A. Ray a balance of $760.63 due on an open account.
The facts so far as material are as follows: That on October T6, 1916, respondent Ray and appellant entered into a written contract by which the former agreed to sell the latter all merchantable timber on his and certain other land,
“Said timber to be delivered in Coeur d’Alene River, into booms furnished by Export Lumber Company, and cut into sawlogs of lengths required by said party of the second part.
*174“Party of the second part agrees to pay for…
2Cases cited6 opinions
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Mark P. Miller Milling Co. v. Butterfield-Elder Implement Co.Idaho Supreme Court · 1919
- Ahlstrom v. TageIdaho Supreme Court · 1918
- Coombs v. CollinsIdaho Supreme Court · 1899
- Hallett v. ParrishIdaho Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925
- Portland Seed Co. v. ClarkIdaho Supreme Court · 1922
- Nashville Industrial Corp. v. United StatesUnited States Court of Claims · 1931