Hackbarth v. Wilson Lumber Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Action for purchase price of lumber. Judgment for plaintiff. Where the court instructs the jury upon what state of facts they must find a verdict for a party, the instruction should include all the facts in the controversy material to the rights of the plaintiff or the defense of the defendant.
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APPEAL from tbe District Court of tbe Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Action for purchase price of lumber. Judgment for plaintiff. Where the court instructs the jury upon what state of facts they must find a verdict for a party, the instruction should include all the facts in the controversy material to the rights of the plaintiff or the defense of the defendant. (Deasey v. Thurman, 1 Ida. 775; Johnson v. Frazer, 2 Ida. 404, 18 Pac. 48.) The mere fact that a corporation is organized to take over the business formerly conducted by a firm or an individual…
1Opinion of the Court
MCCARTHY, J.-
-This is an action to recover the price of lumber. It is alleged in the complaint that respondent sold and delivered this lumber to the promoters of the respondent corporation, who were engaged in the lumber business at Gooding, Idaho, and were represented in the transaction by one A. Wilson; that they received and used part of said lumber in the construction of buildings and put the rest into the general stock; that thereafter the said A. Wilson and the other persons interested caused the corporation *631to be formed under the laws of Idaho as the Wilson Lumber Co.; that the purpose…
2Cases cited6 opinions
- Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
- Kirkup v. Anaconda Amusement Co.Montana Supreme Court · 1921
- Wall v. Niagara Mining & Smelting Co.Utah Supreme Court · 1899
- Mantle v. Jack Waite Mining Co.Idaho Supreme Court · 1913
- Henry Gold Mining Co. v. HenryIdaho Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Albano v. Motor Center of Pocatello, Inc.Idaho Supreme Court · 1954