Payette-Boise Water Users Ass'n v. Fairchild
Idaho Supreme Court
APPEAL AND CROSS-APPEAL from District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Action for personal judgment on stock subscription contract. Demurrer to complaint sustained and action dismissed. An action in debt will lie for a personal judgment against the party subscribing for stock, under a contract such as the one in this case. (Beedy v. San Mateo Hotel Go., 27 Cal.
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APPEAL AND CROSS-APPEAL from District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Action for personal judgment on stock subscription contract. Demurrer to complaint sustained and action dismissed. An action in debt will lie for a personal judgment against the party subscribing for stock, under a contract such as the one in this case. (Beedy v. San Mateo Hotel Go., 27 Cal. App. 653, 150 Pac. 810; People’s Home Savings Bank v. Sadler, 1 Cal. App. 189, 81 Pac. 1029.) Such contract was a promise to pay, and entirely eliminated the _ necessity of following…
1Opinion of the Court
LEE, District Judge.
Subsequent to the argument and submission of these appeals, certain parties as friends of the court filed and presented a motion to dismiss, alleging, in substance, that the issues are fictitious and feigned, involving neither a substantial nor bona fide controversy between the parties, but amicably and collusively presented by them for the purpose of securing some decision affecting the rights of strangers to the record.
*100’ This contention cannot be sustained. The record discloses a very real controversy between the parties; and a decision upon the merits will award relief…
2Cases cited1 opinion
- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
3Cited by5 opinions
- Application of GoodwinSupreme Court of Oklahoma · 1979
- Smith v. DickersonIdaho Supreme Court · 1931
- Application of GoodwinSupreme Court of Oklahoma · 1979
- Michaelson v. MillerIdaho Supreme Court · 1933
- Payette-Boise Water Users' Ass'n v. MillerIdaho Supreme Court · 1927