Cain v. Vollmer
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District, in and for tbe County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiff for damages on account of trespass vi et armis. Judgment for defendant and plaintiff appealed. Tbe evidence offered and rejected showed that Bennie McClain bad a fixed market value on bis services of $15,000 a year; that Cain bad been offered that sum for Bennie’s services, and bad been offered $5,000 for first refusal.
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APPEAL from tbe District Court of tbe Second Judicial District, in and for tbe County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiff for damages on account of trespass vi et armis. Judgment for defendant and plaintiff appealed. Tbe evidence offered and rejected showed that Bennie McClain bad a fixed market value on bis services of $15,000 a year; that Cain bad been offered that sum for Bennie’s services, and bad been offered $5,000 for first refusal. Tbe evidence further shows that the injuries occasioned Bennie-McClain deprived Mr. Cain of these services, to bis damage; to…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — Two principal and decisive questions are presented to the court in this case. The first is, that an apprentice is not assignable, or, in other words, that a contract of apprenticeship may not be assigned by the master or employer. The second question is, that even if the contract was assignable, the damages claimed are too speculative, remote and contingent to be recognized or considered by a court. In the argument of these matters, counsel for appellant contends that the question of the right to collect damages in such a case has been definitely decided and…
2Cases cited8 opinions
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Pacific Steam Whaling Co. v. Alaska Packers' Ass'nCalifornia Supreme Court · 1903
- McClain ex rel. McClain v. Lewiston Interstate Fair & Racing Ass'nIdaho Supreme Court · 1909
- Paul v. CragnazNevada Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Offshore Rental Co. v. Continental Oil Co.California Supreme Court · 1978
- Jones v. Waterman SS CorporationCourt of Appeals for the Third Circuit · 1946
- Just's, Inc. v. Arrington Construction Co.Idaho Supreme Court · 1978
- L. N. Childress and Roger W. Crampton v. E. A. Cook, Jr.Court of Appeals for the Fifth Circuit · 1957
- Phoenix Professional Hockey Club, Inc. v. HirmerArizona Supreme Court · 1972
3 more not listed; retrieve them via the Exa API.