Shaw v. Manville

Citations

• 4 Idaho 369
• 39 P. 559
• 1895 Ida. LEXIS 19

Syllabus

<p>Statute oe Frauds — Section 6009, Subdivision 4 of the Revised Statutes Construed. — S. was a dealer in lumber, etc. M. desiring to purchase certain tanks to be used in mining operations, applied to S. therefor, and on being informed that said articles were not kept by S., requested him to procure them for him from some house in Oregon or California, giving S. a description and specifications of the articles required, to be delivered free on board cars at Boise City, Idaho. S. ordered the articles from a house in Portland, Oregon, and M. not being at home on their arrival, S. stored them in the warehouse of N. On M.’s return S. notified him of the arrival of the goods, at the same time exhibiting to him the bill of lading thereof, and informing him where he had stored them. M. said “he guessed it was all right,” and, declining to examine the goods, told S. he would remove them in a few days and pay the balance due on them; paid S. $100 on the purchase price. Held, not to be a sale within section 6009 of the Revised Statutes of Idaho.</p> <p>Discretion of Jury as to General or Special Verdict. — In an action for the recovery of money only, it is within the discretion of the jury to find a general or a special verdict. (Idaho Rev. Stats., sec. 4397.)</p> <p>(Syllabus by the court.)</p>