Dover Lumber Co. v. Case
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action to foreclose mortgages. Judgment for plaintiff.
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APPEAL from the District Court of tbe Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action to foreclose mortgages. Judgment for plaintiff. The court erred in finding that the plaintiff was damaged in the sum of $8,000, and holding that said sum was secured by the mortgage, because the contract itself provides the procedure to be followed by the plaintiff in ease the defendant Case should not prosecute the work diligently, or fail in any manner to perform the contract. (Sutherland on Damages, 3d ed., sec. 699; Bow v. Humbert, 91 U. S. 294, 23 L. ed. 370; Hunt v.…
1Opinion of the CourtMorgan, J.
Respondent and appellant, Wm. B. Case, entered into two contracts, which, for the purpose of this opinion, will be treated as one, by the terms whereof Case agreed to cut and deliver timber to respondent, and was to be paid $5.25 per thousand feet, board measure, for a portion of it, being logs to be cut from certain described lands. Respondent was to advance money to Case, not exceeding $40,000, to be used in preparing for and paying expenses of logging, which was to be repaid by retaining one dollar earned by Case on each one thousand feet of such logs delivered. A real estate mortgage was…
2Cases cited27 opinions
- Lee v. HarrisSupreme Court of Connecticut · 1912
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Knollin v. JonesIdaho Supreme Court · 1900
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Robertson v. MooreIdaho Supreme Court · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Bethlahmy v. BechtelIdaho Supreme Court · 1966
- Anderson v. WhippleIdaho Supreme Court · 1951
- State v. TaylorIdaho Supreme Court · 1939
- Young v. VailNew Mexico Supreme Court · 1924
- Schlieff v. BistlineIdaho Supreme Court · 1932
38 more not listed; retrieve them via the Exa API.