Grisinger v. Hubbard
Idaho Supreme Court
APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Carl. A. Davis, Judge. An action to recover for the purchase price of fruit trees. Judgment for plaintiff. A verdict against the instructions of the court should be set aside. (Estee’s Pleading (4th ed., Boone), sec. 4919, note 427; Farley v. Budd, 14 Iowa, 289.), The jury cannot disregard the instructions of the court even though erroneous.
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APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Carl. A. Davis, Judge. An action to recover for the purchase price of fruit trees. Judgment for plaintiff. A verdict against the instructions of the court should be set aside. (Estee’s Pleading (4th ed., Boone), sec. 4919, note 427; Farley v. Budd, 14 Iowa, 289.), The jury cannot disregard the instructions of the court even though erroneous. (Emerson v. Santa Clara County, 40 Cal. 543; Aguirre v. Alexander, 58 Cal. 30; Loveland v. Gardner, 79 Cal. 321, 21 Pac. 766, 4 L. R. A. 395; Murray v. Heinze, 17 Mont.…
1Opinion of the CourtStewart, C. J.
This action was brought by the respondent to recover from the appellant the sum of $136, alleged to be due as the purchase price of certain fruit trees alleged to have been sold and delivered by respondent to appellant. Answer was filed and the cause was tried to a jury and a verdict rendered in favor of the respondent for the sum of $156, and judgment was rendered thereon for said sum. A motion for a new trial was made and overruled, and this appeal is from the judgment and the order overruling the motion for a new trial.
A motion was made in this court to dismiss the appeal from the judgment…
2Cases cited19 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Muller v. . EnoNew York Court of Appeals · 1856
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Tuthill v. . MorrisNew York Court of Appeals · 1880
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3Cited by21 opinions
- Tomita v. JohnsonIdaho Supreme Court · 1930
- Strand v. Crooked River Mining & Milling Co.Idaho Supreme Court · 1913
- Fischer v. DavisIdaho Supreme Court · 1913
- Furey v. TaylorIdaho Supreme Court · 1912
- Clarke v. Blackfoot Water Works, Ltd.Idaho Supreme Court · 1924
16 more not listed; retrieve them via the Exa API.