Medling v. Seawell
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. B. S. Yarian, Judge. Action for breach of contract. Judgment for. plaintiffs. The objection that the complaint does not state facts sufficient to constitute a cause of action is not waived by failure to demur or to raise the objection by answer.
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APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. B. S. Yarian, Judge. Action for breach of contract. Judgment for. plaintiffs. The objection that the complaint does not state facts sufficient to constitute a cause of action is not waived by failure to demur or to raise the objection by answer. (Trueman v. Village of St. Maries, 21 Ida. 632, 123 Pac. 508; Newport Water Co. v. Kellogg, 31 Ida. 574, 174 Pac. 602; Naylor 6 Norlin v. Lewiston, etc. By. Co., 14 Ida. 789, 96 Pae. 573.) There can be no contract unless there has been an offer, an acceptance and…
1Opinion of the CourtMccarthy, J.
Paragraph 1 of respondents’ complaint is as follows:
“That on the twenty-first day of August, 1917, the plaintiffs entered into a contract by and with the said Lester C. Seawell, defendant, under and in pursuance of .which said defendant in consideration of payments therein mentioned to be made by plaintiffs, said defendant sold and agreed to deliver to plaintiff certain ewe sheep and to turn over to plaintiff as part of the consideration therein stipulated, certain range or permits to range sheep in the Payette National Forest of Idaho, which range rights or permits, the said defendant…
2Cases cited7 opinions
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Barrett v. Northern Pacific Railway Co.Idaho Supreme Court · 1916
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- Newport Water Co. v. KelloggIdaho Supreme Court · 1918
- Mode, Ltd. v. MyersIdaho Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HoskinsIdaho Supreme Court · 2019
- Conley v. Amalgamated Sugar Co.Idaho Supreme Court · 1953
- Gridley v. RossIdaho Supreme Court · 1923
- Williams v. Idaho Potato Starch Co.Idaho Supreme Court · 1952
- Marshall-Wells Co. v. KramlichIdaho Supreme Court · 1928
9 more not listed; retrieve them via the Exa API.