Pomeroy v. Gordan
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action upon contract. Judgment for plaintiff.- Defendant appeals. This action was for a balance due on account, and a bill of particulars furnished which served to amplify the allegations of the complaint, and bound plaintiff to proof of the items of the bill, both debit .and credit.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action upon contract. Judgment for plaintiff.- Defendant appeals. This action was for a balance due on account, and a bill of particulars furnished which served to amplify the allegations of the complaint, and bound plaintiff to proof of the items of the bill, both debit .and credit. The testimony of plaintiff fell far short of proving his cause of action as laid in the complaint, or bill of particulars. (Chapman v. Bent, 6 Cal. Unrep. 740, 65 Pac. 959; American Rolling Mill Co. v.…
1Opinion of the Court
STEVENS, District Judge.
This action was commenced in the district court of the fourth judicial district, in and for the county of Blaine, for the collection of $2,424.24 alleged to be due on an account for labor, goods, wares, merchandise and supplies furnished and money advanced by plaintiff to defendant.
Appellant makes four assignments of error: the first and second as to the admission of certain testimony; the third, upon the denial of defendant’s motion for a new trial; and the fourth, that the evidence is insufficient to justify the verdict of the jury.
The principal objections urged by…
2Cases cited16 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
- Weeter Lumber Co. v. FalesIdaho Supreme Court · 1911
- Penninger Lateral Co. v. ClarkIdaho Supreme Court · 1911
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3Cited by5 opinions
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
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- Peck v. NixonIdaho Supreme Court · 1929
- Oregon Short Line Railroad v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1925
- Walker v. Idaho Lettuce Co.Idaho Supreme Court · 1927