Russell v. Lambert
Idaho Supreme Court
APPEAL from tbe District Court of tbe Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Action for debt. 'Judgment for plaintiffs. Defendant moved for a new trial and appealed from the judgment and order denying his motion. “A compromise and settlement must, like all other contracts, be supported by a sufficient consideration or it cannot be enforced.”
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APPEAL from tbe District Court of tbe Seventh Judicial District, for the County of Washington. Hon. Ed. L. Bryan, Judge. Action for debt. 'Judgment for plaintiffs. Defendant moved for a new trial and appealed from the judgment and order denying his motion. “A compromise and settlement must, like all other contracts, be supported by a sufficient consideration or it cannot be enforced.” (8 Cyc. 504; Thompson v. Hudgins, 116 Ala. 98, 22 South. 632.). “The real consideration which each party receives under sueh a compromise is, according to some authorities, not the sacrifice of the right, but…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the plaintiffs to recover from the defendant for labor and cost and expenses of logging and cutting timber for the defendant and for the delivery of certain lumber and material at the places specified in the contract. The original contract between the plaintiffs and defendant was in the nature of a lease whereby the defendant leased and let to the plaintiffs a certain sawmill belonging to defendant. The plaintiffs, among other things, were to cut a large quantity of lumber and receive specified compensation therefor, together with certain compensation for the…
2Cases cited2 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Ruege v. GatesWisconsin Supreme Court · 1888
3Cited by7 opinions
- Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
- Board of Education v. BarracksAppellate Court of Illinois · 1924
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1941
- Dashnea v. Panhandle Lumber Co., LtdIdaho Supreme Court · 1937
- W. H. Simmons & Co. v. Price's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
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