Snoderly v. Bower
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action on contract. Judgment for plaintiff. The contract in this case is on its face ambiguous and. uncertain. It can become enforceable only by a showing what was meant by the term “government rule.” If the contract could not be made plain in this regard, it was no agreement nor would an agreement exist unless the minds of the parties met.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action on contract. Judgment for plaintiff. The contract in this case is on its face ambiguous and. uncertain. It can become enforceable only by a showing what was meant by the term “government rule.” If the contract could not be made plain in this regard, it was no agreement nor would an agreement exist unless the minds of the parties met. (9 Cyc. 248, and cases cited.) The burden in this regard rests on the plaintiff and if he could not show a contract, certain in its…
1Opinion of the CourtRice, J.
This is an action to recover balance alleged to be due on a written contract between the parties hereto, under which contract respondent undertook to farm appellant’s land and to raise and stack the hay grown thereon. The controversy arose over the provision of the contract which attempted to define the method of measuring the hay. The material language of the contract in question is as follows.:
“The hay to be measured within ten days after the last cutting is stacked and to be measured according to government rule with a basis of Five Hundred Twelve (512) cubic feet to the ton. ’ ’
The case…
2Cases cited1 opinion
- Stong v. LaneSupreme Court of Minnesota · 1896
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