Breshears v. Callender
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. An action to recover damages and rescind a contract on account of fraud and misrepresentation. The amended complaint contains no allegation that the defendant in this action anywhere represented the bonds to be good, or made any representations with reference to the security for the bonds, or any representation whatever with regard to the bonds.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. An action to recover damages and rescind a contract on account of fraud and misrepresentation. The amended complaint contains no allegation that the defendant in this action anywhere represented the bonds to be good, or made any representations with reference to the security for the bonds, or any representation whatever with regard to the bonds. There is absolutely no allegation in the amended complaint that the bonds are worthless. (Kemmerer v. Pollard, 15 Ida. 34, 96 Pac. 206.) The…
1Opinion of the CourtStewart, J.
— This action was instituted in the district court of Canyon county by plaintiffs, respondents here, for the recovery of $3,600, alleged to be the value of a certain German coach horse stallion which plaintiffs traded to the defendant for six first mortgage bonds of the Easter Gold Mining & Milling Company, Ltd., of the par value of $500 each, with interest coupons attached representing interest at the *352rate of ten per cent per annum payable annually on the 1st day of February of each year.
The action is based upon a transaction occurring on or about the 15th day of January, 1910, and it is…
2Cases cited6 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Watson v. MoldenIdaho Supreme Court · 1905
- Harvey v. Alturas Gold Mining Co.Idaho Supreme Court · 1893
- Kemmerer v. PollardIdaho Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Walker v. NunnenkampIdaho Supreme Court · 1962
- Nelson v. HoffIdaho Supreme Court · 1950
- MacLeod v. StelleIdaho Supreme Court · 1926
- Smith v. JohnsonIdaho Supreme Court · 1929
- Gridley v. RossIdaho Supreme Court · 1923
26 more not listed; retrieve them via the Exa API.