Whitney v. Woodmansee
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Fremont County. Hon. James M. Stevens, Judge. • An action to recover the contract price for digging a well. Judgment for plaintiff. Defendant appeals. The instruction of the court, if followed by the jury, would permit them to act arbitrarily as to the amount of damages they could assess against plaintiff, regardless of the amount prayed for in the complaint. (Holt v. Spokane & Palouse By.
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APPEAL from the District Court of the Sixth Judicial District, for Fremont County. Hon. James M. Stevens, Judge. • An action to recover the contract price for digging a well. Judgment for plaintiff. Defendant appeals. The instruction of the court, if followed by the jury, would permit them to act arbitrarily as to the amount of damages they could assess against plaintiff, regardless of the amount prayed for in the complaint. (Holt v. Spokane & Palouse By. Co., 3 Ida. 703, 35 Pac. 39.) The evidence does not justify the verdict of the jury nor the judgment of the court, and in such case must be…
1Opinion of the CourtStewart, J.
This action was brought against C. H. Woodmansee and J. W. Webster, as partners doing business in the firm name and style of Woodmansee & Webster Company, to recover the contract price for the digging of a well upon land alleged to be the property of the defendants. The complaint alleges:
“That said defendants agreed to and with the said plaintiffs to pay said plaintiffs the sum of 75% of the costs of said well in the event that said plaintiffs secured fifteen feet of water in said well. The contract price for boring said well being One Thousand Dollars, in the event said plaintiffs were…
2Cases cited7 opinions
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1893
- Morrow v. MatthewIdaho Supreme Court · 1904
- Stuart v. HauserIdaho Supreme Court · 1903
- Robbins v. PorterIdaho Supreme Court · 1906
- Ye Seng Co. v. Corbitt & MacleayDistrict Court, D. Oregon · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harrington v. HaddenIdaho Supreme Court · 1949
- McCluskey Commissary, Inc. v. SullivanIdaho Supreme Court · 1974