Casey v. Empey
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. Robert N. Dunn, Judge. Action on promissory note. From judgment for plaintiff, defendant appeals. The breach of a contract by one of the parties justifies abandonment by the other. (Hecht v. White, 13 Ga.
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APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. Robert N. Dunn, Judge. Action on promissory note. From judgment for plaintiff, defendant appeals. The breach of a contract by one of the parties justifies abandonment by the other. (Hecht v. White, 13 Ga. App. 790, 80 S. E. 15.) Where the stipulations of a contract are dependent, each party to do something, one party cannot relieve himself from liability and recover from the other by failure to do the dependent part. (Burton v. Shotwell, 76 Ky. (13 Bush) 271; Bell v. Shields, 18 Ida. 649, 111 Pac. 1076.)…
1Opinion of the CourtLee, J.
This action was commenced by respondents on a promissory note executed by appellant. In August, 1915, respondents J. D. Casey and C. C. Casey, a copartnership doing business under the firm name and style of J. D. Casey & Son, entered into an agreement with B. F. Nicholas and Frank A. Empey, the appellant herein, who were copartners doing business under the name of Nicholas & Empey, by which it was agreed that a corporation should be formed under the laws of the state of Washington, on or before January 1, 1916. The last paragraph of this agreement has a forfeiture clause as follows:
“It is…
2Cited by6 opinions
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- First National Bank v. DoschadesIdaho Supreme Court · 1929
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