Citation Numbers: 29 Idaho 472, 160 P. 654
Judges: Budge, Morgan, Sullivan
Filed Date: 10/10/1916
Status: Precedential
Modified Date: 1/2/2022
This action was brought to recover on two causes of action, one for merchandise sold and delivered and the other for zinc ore alleged to have been converted by the defendants to their use without the consent of plaintiff.
The defense to the first cause of action.was that the action was brought before said debt became due, but it was admitted that it was due at the time of filing the answer. Defendants aver, as a defense to the second cause of action, that they were the owners of the ore by reason of a lease they had upon the mine, and that the value of the ore they found on the dump of said mine and appropriated was worth only about $75.
Upon the issues made by the pleadings the trial was had by the court without a jury, and the court made findings of fact and conclusions of law and entered judgment in favor of the plaintiff on both causes of action for the amounts claimed in the complaint.
The judgment is therefore affirmed. Costs in favor of respondent.