Fales v. Weeter Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. Equitable action to set aside a judgment. Judgment for plaintiffs. As a matter of equity and good conscience, neither of the plaintiffs would be permitted to maintain this action seeking the equitable relief which they do, without first paying to the defendant the balance due to it for lumber and building materials, which it is conceded has not been paid.
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APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. Edward A. Walters, Judge. Equitable action to set aside a judgment. Judgment for plaintiffs. As a matter of equity and good conscience, neither of the plaintiffs would be permitted to maintain this action seeking the equitable relief which they do, without first paying to the defendant the balance due to it for lumber and building materials, which it is conceded has not been paid. (Tracy v. Wheeler, 15 N. D. 248, 107 N. W. 68, 6 L. R. A., N. S., 16; Willits v. Willits, 76 Neb. 228, 14 Ann. Cas. 883, 107 N.…
1Opinion of the Court
SULLIVAN, C. J.-
This is an equitable action brought for the purpose of setting aside a judgment entered in the case of the Weeter Lumber Co. v. Fales, which case was appealed to this court, and the decision on appeal will be found in 20 Ida. 255, Ann. Cas. 1913A, 403, 118 Pac. 289. The trial court entered a judgment in favor of the plaintiff setting aside said former judgment and this appeal is from that judgment.
The following facts appear from the record:
William D. Fales entered into a contract with the Gooding Townsite Company on or about April 5, 1909," to purchase lots 19 and 20 in block…
2Cases cited4 opinions
- Booth v. HoskinsCalifornia Supreme Court · 1888
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- Weeter Lumber Co. v. FalesIdaho Supreme Court · 1911
- Bernhard v. Idaho Bank & Trust Co.Idaho Supreme Court · 1912
3Cited by10 opinions
- Williams v. City of EmmettIdaho Supreme Court · 1931
- Gerken v. Davidson Grocery Co.Idaho Supreme Court · 1931
- Haener v. AlbroIdaho Supreme Court · 1952
- Platts v. Pacific First Federal Savings & Loan Ass'nIdaho Supreme Court · 1941
- Miller v. MonroeIdaho Supreme Court · 1931
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