Raft River Land & Livestock Co. v. Laird
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Power County. Hon. J. J. Guheen, Judge. Action for debt. Judgment for defendant. “To rescind a contract for the purchase of a chattel the property purchased should be returned, or offered to be returned, within a reasonable time, unless it is of no value to either party.” (Gale Sulky Harrow Mfg.
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APPEAL from the District Court of the Fifth Judicial District for Power County. Hon. J. J. Guheen, Judge. Action for debt. Judgment for defendant. “To rescind a contract for the purchase of a chattel the property purchased should be returned, or offered to be returned, within a reasonable time, unless it is of no value to either party.” (Gale Sulky Harrow Mfg. Go. v. Moore, 46 Kan. 324, 26 Pac. 703; huger Furniture Go. v. Street, 6 Old. 312, 50 Pac. 125; 35 Cyc. 151; Gifford v. Garvill, 29 Cal. 589; Robinson & Go. v. Roberts, 20 Okl. 787, 95 Pac. 246; Way-mire v. Shipley, 52 Or. 464, 97 Pac.…
1Opinion of the CourtMorgan, J.
Appellant instituted this action to recover the purchase price of a mare sold by it, through one Crane, its agent, to respondent. Respondent’s defense was that at the time of the sale appellant’s agent expressly warranted that the animal was sound; that after the sale it was discovered to be so diseased and afflicted as to be of no value whatever and that after the discovery of the animal’s defects he offered to return it to appellant. The jury returned a verdict for respondent and judgment was entered accordingly. From the judgment this appeal is taken.
The evidence is sufficient to disclose…
2Cases cited11 opinions
- Bower v. MoormanIdaho Supreme Court · 1915
- Darry v. CoxIdaho Supreme Court · 1916
- Montgomery v. GrayIdaho Supreme Court · 1914
- Frey v. FailesSupreme Court of Oklahoma · 1913
- Graham v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1915
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3Cited by2 opinions
- Labonte v. DavidsonIdaho Supreme Court · 1918
- Burt v. StuartIdaho Supreme Court · 1920