Peasley v. Noble
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District, for tbe County of Canyon. Hon. Ed L. Bryan, Judge. Action in claim and delivery. Judgment for plaintiff. Defendant appealed. Tbe terms of tbe written contract were violated. Tbe payments were not made when due.
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APPEAL from tbe District Court of tbe Seventh Judicial District, for tbe County of Canyon. Hon. Ed L. Bryan, Judge. Action in claim and delivery. Judgment for plaintiff. Defendant appealed. Tbe terms of tbe written contract were violated. Tbe payments were not made when due. The right to purchase the sheep and the rights under the contract running to Newland & Co. were thereby forfeited, and they held the sheep as simple bailees, with the sole obligation (and without any power to sell or right to buy) to return them to appellant. The contract of sale was at an end; the condition which alone…
1Opinion of the CourtAilshie, J.
— This action is in claim and delivery. The complaint is' in the usual form for such actions. The answer denied the ownership of the plaintiff and his right to the possession of the property, and also set np a separate and independent defense. The case was tried on the issues thus made, and judgment was entered in favor of the plaintiff. Defendant moved for a new trial, and has appealed from the judgment and order denying his motion.
T’he transaction out of which this action has arisen is substantially as follows: On January 1, 1901, George IT. Stewart, John M. Haines and Lewis E. Newland,…
Also in this document: Concurrence.
2Cases cited9 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- New Haven Wire Co. CasesSupreme Court of Connecticut · 1888
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Jennisons v. LeonardSupreme Court of the United States · 1875
- Mark Means Transfer Co. v. MackinzieIdaho Supreme Court · 1903
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3Cited by11 opinions
- Edwards v. Baldwin Piano Co.Supreme Court of Florida · 1920
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Pease v. Teller Corp.Idaho Supreme Court · 1912
- North Robinson Dean Co. v. StrongIdaho Supreme Court · 1914
- Shipman v. KloppenburgIdaho Supreme Court · 1952
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