In The Supreme Court Of The State Of Idaho February Term 1908

Author : Anonymous
Publisher : Rarebooksclub.com
ISBN 13 : 9781230013787
Total Pages : 314 pages
Book Rating : 4.0/5 (137 download)

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Download or read book Report of Cases Argued and Determined in the Supreme Court of the State of Idaho written by Anonymous and published by Rarebooksclub.com. This book was released on 2013-09 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...a salary as superintendent until after his trouble with Guay. Upon that state of facts, the presumption clearly arises that this claim for services was an after-thought upon the part of respondent. The trial court permitted a recovery to be had upon the theory that assumpsit would lie because of the benefit received by the appellant from the services performed by 'the respondent, and gave instructions to the jury along that line and refused to give certain instructions requested by appellant claimed to be applicable thereto from the appellant 's point of view. The respondent does not claim that a new contract was entered into after the agreement for the working of said mines had been entered into between the McKinzies and himself in 1908, but relies on his employment or appointment as superintendent in 1904. He seeks to bind the McKinzies by a contract that they had no part in making and one that had no force and effect after the new contract was entered into for the working of said mining claims in 1908, and respondent offers no excuse whatever for not presenting his claim for such services for a period of eight years, but-admits that he did not present any such claim and probably would not have done so if he had not had trouble with Guay and been discharged by him as an employee. This cause of action is based on a contract alleged to have been entered into in 1904 and not on a contract entered into in 1908, the date when the McKinzies became interested in said corporation, and the appellants cannot be held liable upon a contract entered into in 1908, unless the court makes a contract for the parties, for the reason that no such contract was entered into in 1908, and the respondent does not rely upon a contract made in 1908, ...