Thomason v. Lane-Potter Lumber Co.

• Decision Date: 14 December 1911
• Citation: 119 P. 875,20 Idaho 771
• Parties: HEGBERT THOMASON et al., Respondents, v. THE LANE-POTTER LUMBER CO., Appellant
• Court: Idaho Supreme Court

119 P. 875

20 Idaho 771

HEGBERT THOMASON et al., Respondents, v. THE LANE-POTTER LUMBER CO., Appellant

Supreme Court of Idaho

December 14, 1911

VERDICT OF JURY-CONFLICT IN EVIDENCE-REVERSIBLE ERROR.

(Syllabus by the court.)

1. Where there is a substantial conflict in the evidence, the verdict of the jury will not be set aside.

2. Where there appears no reversible error in the record, the judgment must be affirmed.

APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge.

Action to recover for goods, wares and merchandise alleged to have been sold and delivered to the defendant. Judgment for plaintiffs. Affirmed.

Judgment affirmed. Costs of this appeal awarded to respondent.

B. S Bennett, for Appellant.

H. H Taylor, for Respondents.

Counsel cite no authorities on points decided.

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

OPINION

SULLIVAN, J.

This action was brought by the respondents, who were the plaintiffs in the court below, to recover from the appellant the sum of $ 838.55, for and on account of goods, wares and merchandise claimed to have been delivered and sold by the plaintiffs to the defendant.

It is alleged in the complaint that between the first day of August and the 31st day of December, 1907, the plaintiffs sold and delivered to the defendant and to John McGill, agent for the defendant, at the instance and request of the defendant, goods, wares and merchandise of the value of $ 1,072.25 and that no part thereof has been paid except the sum of $ 232.70.

The answer of the defendant denied the partnership of the plaintiffs and admitted the corporate character of the defendant and denied that plaintiffs sold or delivered to the defendant any goods, wares and merchandise whatever, and denied that the defendant agreed to pay the plaintiffs for any goods, wares or merchandise.

Upon the issues made the case was tried before the court with a jury and a verdict returned in favor of the plaintiffs for the sum of $ 838.55, and judgment was entered for that sum with interest and costs. A motion for a new trial was denied and this appeal is from the judgment and order denying the new trial.

Ninety-nine errors are assigned, relating to the sufficiency of the evidence to support the verdict, the admission and exclusion of evidence, and the giving and refusing to give certain instructions to the jury.

It is first contended that the evidence is insufficient to sustain the verdict. It appears that one McGill made a contract with the appellant corporation to do certain logging for said company, and according to the testimony of McGill, he informed the representatives of said company that he did not have money enough to run a camp and that the company would have to supply the camps, pay the men and supply everything and that the company delivered to him two order or check books and McGill was instructed how to draw the checks on the company. It seems that McGill proceeded with the logging business and drew a great...