Price v. Grice

Citations

• 10 Idaho 443
• 79 P. 387
• 1904 Ida. LEXIS 53

Syllabus

<p>Lease — Legal Title to Livestock — Sale by Lessor — Accounting— Temporary Restraining Order — Allegations on Information and Belief — Undertaking —Demurrer—-Affidavit —Practice— Remedy at Law — Partnership.</p> <p>1. Where B. and B. lease certain real estate and personal property consisting of livestock and farming implements to G. for a term of five years, on condition that they shall receive one-half of the grain raised on said premises over and above the amount required to feed such livestock, and one-half of the increase and growth of such livestock or one-half of the price for which the same may be sold, the lessors are entitled to an accounting from the lessee each year for their half of the surplus grain, and are entitled to an accounting for one-half of the proceeds of sales of livestock.</p> <p>2. Where a lease for a term of five years provides for the sale of the increase of certain livestock, one-half of the amount received therefor to go to the lessors and one-half to the lessee, the lessors are entitled to receive their one-half thereof whenever such livestock is sold.</p> <p>3. Where the principal allegations in a verified complaint are made on information and belief, and the sources of information and basis of belief are not stated in the complaint but are stated in an affidavit filed in the case, an injunction may be granted thereon if the facts warrant it.</p> <p>4. Where a restraining order is granted holding the matter in statu quo until a hearing thereon is had, and the hearing is had and the restraining order is continued in force upon condition that the plaintiff give a proper undertaking in a certain, sum named, the action of the judge will not be reversed, for the reason that no undertaking was required prior to the hearing. It is error to grant a temporary injunction without requiring a proper undertaking.</p> <p>5. A judge at chambers has no authority to hear and pass upon a demurrer.</p> <p>6. Under the provisions of section 4288, Revis