Reports of Cases Argued and Determined in the Supreme Court of the State of Idaho, Volume 22West Publishing Company, 1913 - Law reports, digests, etc Vols. 1-2 contain cases before the Supreme Court of the Territory of Idaho. |
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Page 47
... CONTRACT - MISTAKE - CON- FLICT OF EVIDENCE . ( Syllabus by the court . ) 1. Where H. and C. enter into a written contract whereby H. agrees to purchase and C. agrees to sell certain real estate , and time is made the essence of the ...
... CONTRACT - MISTAKE - CON- FLICT OF EVIDENCE . ( Syllabus by the court . ) 1. Where H. and C. enter into a written contract whereby H. agrees to purchase and C. agrees to sell certain real estate , and time is made the essence of the ...
Page 48
... contract in many cases , but the facts may be such that the courts will refuse to strictly construe the contracts . ( Durant v . Comegys , 3 Ida . 204 , 28 Pac . 425. ) In order to take advantage of any laches on the part of the vendee ...
... contract in many cases , but the facts may be such that the courts will refuse to strictly construe the contracts . ( Durant v . Comegys , 3 Ida . 204 , 28 Pac . 425. ) In order to take advantage of any laches on the part of the vendee ...
Page 49
... contract price . On the trial of this case the appellant contended that time was of the essence of the contract and that the failure of the respondent to make payment at the time and in the manner specified in the contract worked a ...
... contract price . On the trial of this case the appellant contended that time was of the essence of the contract and that the failure of the respondent to make payment at the time and in the manner specified in the contract worked a ...
Page 50
... contract and that the date of the maturity of the debt escaped his memory , and that he labored under the impression that the date of final payment was the latter part of March or the first of April . " That in the month of March , 1908 ...
... contract and that the date of the maturity of the debt escaped his memory , and that he labored under the impression that the date of final payment was the latter part of March or the first of April . " That in the month of March , 1908 ...
Page 63
... contract for the construction of sewers shall be of no force or effect . Under that provision the contractor took his chances on proceeding to construct sewers prior to the confirmation of such assessment ; but when the council did ...
... contract for the construction of sewers shall be of no force or effect . Under that provision the contractor took his chances on proceeding to construct sewers prior to the confirmation of such assessment ; but when the council did ...
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acres Ada County affirmed Ailshie alleged appellant application appropriation assessment attorney authority Bannock county board of county Boise Boise City Canyon county champerty claim Codes complaint constitution construction contract counsel county commissioners Court-Ailshie Court-Stewart Court-Sullivan Cramer decree deed defendant deposit district court ditch duty election electors Elmore county engineer evidence executed fact filed fraud granted held highway district horse injury intended issued Judge judgment Judicial District jury Kootenai county land legislature Lemhi County lien liquors ment mortgage motion Opinion owner paid party payment person petition plaintiff Points Decided primary election provides provisions of sec purchase purpose question quiet title railroad reason receiver recover rule Shaughnessy statute stulls sufficient Sullivan Syllabus taxes testified thereafter thereof tion track trial court Twin Falls County verdict water right witness
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Page 113 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 1 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 278 - Every person who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage...
Page 241 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 703 - It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.
Page 779 - Ohio, being of lawful age, and being of sound and disposing mind and memory, DO MAKE, PUBLISH AND DECLARE THIS MY LAST WILL AND TESTAMENT, hereby revoking all former wills made by me.
Page 271 - If thereafter any suit is brought against the assured to enforce a claim for damages on account of an accident covered by this policy, the assured shall immediately forward to the company every summons or other process as soon as the same shall have been served on him, and the company will at its own cost, defend against such proceeding in the name and on behalf of the assured...
Page 299 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Page 731 - TO HAVE AND TO HOLD, all and singular the above mentioned and described premises, together with the appurtenances unto the said party of the second part and to his heirs and assigns, forever, And the said Robert Schuyler, Russell H.
Page 29 - The common law of England, so far as it is not repugnant to, or inconsistent with, the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the Courts of this State.