Jones v. Campbell

• Decision Date: 02 February 1906
• Citation: 11 Idaho 752,84 P. 510
• Parties: JONES v. CAMPBELL
• Court: Idaho Supreme Court

84 P. 510

11 Idaho 752

JONES v. CAMPBELL

Supreme Court of Idaho

February 2, 1906

APPEAL from District Court of Washington County. Honorable Frank J Smith, Judge.

This is an appeal from an order granting a new trial. Order sustained.

Order of the court granting a new trial affirmed, with costs in favor of respondents.

Lot L Feltham, for Appellant, cites no authorities on the points decided.

Harris & Smith, for Respondent, cite no authorities on the points decided.

SULLIVAN J. Stockslager, C. J., and Ailshie, J., concur.

OPINION

The facts are stated in the opinion.

SULLIVAN, J.

This is an action brought by the respondents, as copartners, to recover from the appellant the sum of $ 1,000, alleged to be due them on a certain contract for the purchase and delivery of certain cattle, and for damages. The respondents alleged in their complaint that on or about the fifth day of August 1904, they entered into a contract with the appellant for the purchase of eighty head of beef steers, aged three years and upward, for which respondents agreed to pay the appellant, and the appellant agreed to accept, the following prices therefor per head, to wit: For seventy head, $ 31 per head, and ten head $ 26 per head, and in addition thereto, all two year old steers that the appellant might have at the date of the delivery, which were at that time in condition for beef, $ 22.50 per head. It is further alleged that the respondents advanced to appellant the sum of $ 500 as part of the purchase price for the said steers, and that the appellant thereafter refused and neglected to deliver said steers or any part thereof, or to return the money paid or any part thereof. Respondents pray for judgment against the appellant for the $ 500 advanced and paid on said steers, and $ 500 damages sustained by them.

The appellant answered and denied generally and specifically every allegation of the complaint, and set up as a further defense that the appellant did sell to the respondents seventy head of steers at the agreed price of $ 31 per head and ten head of steers at the agreed price of $ 26 per head, all of which steers were three and four years of age, and also all of the appellant's two year old steers then owned by him that were in fit condition for beef at the agreed price of $ 22.50 per head; that the appellant agreed to deliver all of said cattle to respondents at Meadows, Idaho on the twentieth day of September, 1904; that at the time of making said contract, and in order to bind the bargain and insure the performance of the said contract on the part of appellant, the respondents advanced to appellant upon account of said purchase price the sum of $ 500; that the appellant performed all and every of the terms and conditions imposed upon him in said contract, and fully complied with the said contract in every way, and was at the agreed time of delivery ready, willing and able to deliver the said cattle in accordance with the terms of the said contract, and offered to deliver the same upon the terms and conditions thereof;...