Bernard v. Fisher
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Suit to foreclose lien. Judgment for defendants. A contract cannot be rescinded in part and enforced in part.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Suit to foreclose lien. Judgment for defendants. A contract cannot be rescinded in part and enforced in part. (Caldwell v. Buddy, 2 Ida. 1, 7, 1 Pae. 339; Girouard v. Jasper, 219 Mass. 318, 320, 106 N. E. 849, 850; Osterling v. Cape May Hotel Co., 82 N. J. L. 650, 83 Atl. 887; Johnson v. Cookerly, 33 Ind. 151, 154; Menard v. Sydnor, 29 Tex. 257, 262; Collison v. Beam, 95 Neb. 29, 38, 144 N. W. 1050, 1053; Hendricks v. Goodrich, 15 Wis. 679, 681; Grant v. Law, 29 Wis. 99, 103; Barhydt v.…
1Opinion of the CourtMorgan, J.
This action was commenced by appellants to foreclose a lien for work performed and materials furnished in the construction of an irrigation system. It was alleged in the complaint that a contract was entered into, on September 10, 1912, between appellants and respondents, Fisher and Wilson, which was, by mutual consent, amended and supplemented on November 22, 1912, and thereafter by other contracts and agreements, whereby appellants were to be paid certain specified sums of money for performing labor and furnishing materials employed and used in the construction of the system; that they…
Also in this document: Concurrence.
2Cases cited6 opinions
- Caldwell v. RuddyIdaho Supreme Court · 1881
- Cole v. SmithSupreme Court of Colorado · 1899
- Johnson v. CookerlyIndiana Supreme Court · 1870
- Osterling v. Cape May Hotel Co.Supreme Court of New Jersey · 1912
- Girouard v. JasperMassachusetts Supreme Judicial Court · 1914
1 more not listed; retrieve them via the Exa API.