Austin v. Brown Bros.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. • Action for breach of contract. Judgment for plaintiff.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. • Action for breach of contract. Judgment for plaintiff. This being the contract between the parties, it was error for the court to permit testimony to be offered, either of prior' negotiations or of the contract offered as Exhibit “A.” (Jacobs v. Shenon, 3 Ida. 274, 29 Pac. 44; Idaho Fruit Land Co. v. Great Western Beet Sugar Co., 18 Ida. 1,107 Pac. 989; Newmyer v. Roush, 21 Ida. 106, Ann. Cas. 1913D, 433, 120 Pac. 464.) “Where the written sale contains no warranty, or…
1Opinion of the CourtRice, J.
In June, 1905, the plaintiff and respondent executed an order to the defendant and appellant to furnish him with 500 apple trees, together with 45 pear, cherry, peach and plum trees, the variety of trees to be furnished and the prices to be paid therefor being fully set out. At the same time and place, respondent’s brother and brother-in-law executed orders for various amounts of nursery stock, the exact number of trees ordered by them being not material in this case. Upon the execution of these orders it was suggested by appellant’s agent that for convenience in shipping and in buying the…
2Cases cited19 opinions
- Moore v. CoppCalifornia Supreme Court · 1897
- Spence v. . HamNew York Court of Appeals · 1900
- Brooks v. JohnsonCalifornia Supreme Court · 1898
- Barrett v. Northern Pacific Railway Co.Idaho Supreme Court · 1916
- Glacius v. . BlackNew York Court of Appeals · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- Hobbs v. Union Pacific R. R. Co.Idaho Supreme Court · 1940
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
- McShane v. QuillinIdaho Supreme Court · 1929
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
16 more not listed; retrieve them via the Exa API.