Nobach v. Scott
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to rescind a contract and at the close of plaintiff’s evidence a motion for nonsuit was sustained and judgment of dismissal entered. A negative pregnant in pleading is not a denial of the fact alleged, and therefore should be stricken out on motion. (Grand Valley Irr.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action to rescind a contract and at the close of plaintiff’s evidence a motion for nonsuit was sustained and judgment of dismissal entered. A negative pregnant in pleading is not a denial of the fact alleged, and therefore should be stricken out on motion. (Grand Valley Irr. Go. v. Lesher, 28 Colo. 273, 65 Pac. 44; Woodworth v. Knoivlton, 22 Cal. 164; Bourke v. Butte Electric & Power Go., 33 Mont. 267, 83 Pae. 470; City of Santa Ana v. Brunner, 132 Cal. 234, 64 Pac. 287; Gurnow v.…
1Opinion of the CourtSullivan, J.
This action was brought for the purpose of having rescinded a certain contract for the sale of certain land known as “Kootenai Addition” to the city of Coeur d’Alene. On the trial, after the plaintiff had put in certain evidence and the court had refused to receive other offered evidence, the plaintiff rested, and counsel for respondent interposed a motion for a nonsuit, the main ground of which *562was that the evidence was not sufficient to.sustain the principal allegations of the complaint. Said motion was sustained by the court and judgment of dismissal entered. A motion for a new trial was…
2Cited by6 opinions
- Trask v. Boise King Placers Co.Idaho Supreme Court · 1914
- Haener v. AlbroIdaho Supreme Court · 1952
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
- Werry v. GoodmanIdaho Supreme Court · 1956
- Schultz v. Rose Lake Lumber Co.Idaho Supreme Court · 1915
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