Parker v. Herron
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action upon promissory notes. Judgment for plaintiffs in the sum of one dollar; they appeal. To constitute actionable fraud, each of the-necessary elements must be proved with a reasonable degree of certainty, and all of them must be found to exist; the absence of any one of them is fatal to a recovery.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Action upon promissory notes. Judgment for plaintiffs in the sum of one dollar; they appeal. To constitute actionable fraud, each of the-necessary elements must be proved with a reasonable degree of certainty, and all of them must be found to exist; the absence of any one of them is fatal to a recovery. (20 Cyc. 12, sec. A, and cases cited; Brown v. Bledsoe, 1 Ida. 746.) A fraudulent intent is an essential element of every actionable fraud, and to support an action of…
1Opinion of the CourtMorgan, J.
This action was commenced by appellants to recover the balance alleged to be due upon three promissory notes, for $400 each, given by respondent in payment for a second-hand gasoline engine, which he purchased from them for the purpose of furnishing power with which to operate a grain-sep arator.
Respondent, in his answer, admitted the execution of the notes, and that only the amount alleged in the complaint to have been paid thereon had been paid, but denied that any amount was due, and alleged that the machinery for which the notes were given was, by appellants, represented and described to…
2Cases cited6 opinions
- Curtley v. Security Savings SocietyWashington Supreme Court · 1907
- Wann v. Northwestern Trust Co.Supreme Court of Minnesota · 1913
- Peters v. LohmanMissouri Court of Appeals · 1913
- Wilde v. Oregon Trust & Savings BankOregon Supreme Court · 1911
- Security Savings Bank v. SmithSupreme Court of Iowa · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. JohnsonIdaho Supreme Court · 1929
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- Bradley v. Metropolitan Life Insurance Co.Supreme Court of South Carolina · 1931
- Johnson v. HoldermanIdaho Supreme Court · 1917
- Green v. BruckIdaho Supreme Court · 1937
6 more not listed; retrieve them via the Exa API.