Hawkins v. Smith
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action for damages for breach of contract. Judgment for defendant. Where, after the expiration of the time limit for performance, both parties have treated a contract as still in force, neither party may rescind without setting a new limit, and giving the other party a reasonable opportunity to perform.
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APPEAL from tbe District Court of the Fourth Judicial District, for Cassia County. Hon. Wm. A. Babcock, Judge. Action for damages for breach of contract. Judgment for defendant. Where, after the expiration of the time limit for performance, both parties have treated a contract as still in force, neither party may rescind without setting a new limit, and giving the other party a reasonable opportunity to perform. (Kessler v. Pruitt, 14 Ida. 175, 93 Pac. 965.) “Where time is agreed to be the essence of a contract, but both parties have by their "course of action waived a prompt performance, or…
1Opinion of the CourtBudge, J.
This action was brought by appellant to recover damages for an alleged breach of contract for the sale of potatoes.
From the record it appears that on October 13, 1916, appellant by his agent Polley entered into a contract with respondent in which the latter, in consideration of $50 paid to him, agreed to sell to appellant and to deliver from the field to cars at Beetville loading station, Cassia county, three carloads of potatoes between October 13th and 20th, at an agreed price of $1.40 per hundred pounds; that respondent began to dig his potatoes on October 17th and on that day five wagons…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- State v. MaguireIdaho Supreme Court · 1917
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
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3Cited by10 opinions
- Brand S Corp. v. KingIdaho Supreme Court · 1981
- Jones v. Commercial Investment TrustUtah Supreme Court · 1924
- Western Transmission Corp. v. Colorado Mainline, Inc.Court of Appeals for the Tenth Circuit · 1967
- Grover v. Idaho Public Utilities CommissionIdaho Supreme Court · 1961
- Hurlbut v. Butte-Kansas Co.Supreme Court of Kansas · 1926
5 more not listed; retrieve them via the Exa API.