Jensen v. McConnell Bros.
Idaho Supreme Court
o APPEAL from the District Court of the Seventh Judicial District, for the County of' Canyon. Hon. Ed. L. Bryan, Judge. Aetion to recover upon promissory note. Where there is no confidential relation involved, a party is not entitled to have a contract set aside on the grounds of fraud, mistake or misrepresentation, if such party negligently sign the contract. (McNinch v. Northwest Thresher Go., 23 Old. 386, 138 Am.
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o APPEAL from the District Court of the Seventh Judicial District, for the County of' Canyon. Hon. Ed. L. Bryan, Judge. Aetion to recover upon promissory note. Where there is no confidential relation involved, a party is not entitled to have a contract set aside on the grounds of fraud, mistake or misrepresentation, if such party negligently sign the contract. (McNinch v. Northwest Thresher Go., 23 Old. 386, 138 Am. St. 803, 100 Pac. 52é; Kimmell v. Shelly, 130 Cal. 555, 62 Pac. 1067.} A party will not be relieved of a contract on the grounds of mistake when it was in Ms power to have a…
1Opinion of the CourtBudge, C. J.
This is an action on a promissory note. Respondents admit the giving of the note but deny that it has not been paid, and allege that it was given as a part of the consideration for the purchase of certain land and a water right, and in their cross-complaint, allege in substance:
That on or about the 31st day of May, 1911, they purchased from appellant certain lands and a water right; and as an inducement thereto appellant verbally represented to respondents that there was a good and 'sufficient water right for the irrigation of 250 acres of the land; that respondents relied upon the…
2Cases cited1 opinion
- Exchange State Bank v. TaberIdaho Supreme Court · 1915
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