Tyson v. Neill
Idaho Supreme Court
APPEAL from District Court, Kootenai County, The facts are stated in the opinion. The written agreement which is found in the answer does not appear to contain a single sentence, phrase or word that needs explanation, and the testimony in this case was not offered for the purpose of explaining the written contract, but to set up a collateral agreement.
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APPEAL from District Court, Kootenai County, The facts are stated in the opinion. The written agreement which is found in the answer does not appear to contain a single sentence, phrase or word that needs explanation, and the testimony in this case was not offered for the purpose of explaining the written contract, but to set up a collateral agreement. In the instructions the court uses the term “the contract” just as he used it in the former, evidently considering the written instrument and the alleged collateral agreement as constituting one contract. The subject is completely briefed in…
1Opinion of the CourtQuarles, C. J.
— This action was commenced by the respondents to recover in ejectment certain mining claims and damages. The defense set np in the answer is that defendants were in possession of said mining claims under a contract of purchase, which, upon inspection, appears to be a lease with an option to purchase. The purchase price mentioned in said contract is the sum of $6,000, and was to be paid under the terms of said contract, as expressly provided therein, as follows : “All the net earnings, after working expenses are paid for —and by 'net earnings’ is meant all the gold that is taken out of the…
2Cases cited1 opinion
- Jacobs v. ShenonIdaho Supreme Court · 1892
3Cited by8 opinions
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Koon v. EmpeyIdaho Supreme Court · 1924
- Newmyer v. RoushIdaho Supreme Court · 1912
- Valentine v. ShepherdArizona Supreme Court · 1917
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