TaiLexi AI U.S. Case Law

Bafus v. Peeper

GEORGE L. BAFUS v. JOSIAH PEEPER

Bafus v. Peeper, 194 P. 96 (Idaho 1920)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Idaho Supreme Court · State Highest Courts
Decided
December 11, 1920
Judges
Budge, Morgan, Rice
Citations
194 P. 9633 Idaho 3241920 Ida. LEXIS 56
Disposition
Affirmed.
Headnotes
Appeal and Error — Conflict in Evidence. An appellate court will not disturb the verdict of a jury or the judgment of a trial court because of conflict in the evidence when there is sufficient proof, if uncontradicted, to sustain it.
Summary
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for an accounting and for half of the profits on purchase and sale of an interest in a mine. Judgment for defendant. Findings of fact by the court and judgment thereon, based on evidence substantially conflicting, will not be disturbed on appeal. "(Spaulding v. Coeur d’Alene By. etc. Co., 5 Ida. 528, 51 Pac. 408; Heckman v. Hspey, 12 Ida. 755, 88 Pac. 80; Miller v. Donovan, 13 Ida. 735, 13 Ann. Cas. 259, 92 Pac. 992; City of Pocatello v. Bass, 15 Ida. 1, 96 Pac. 120'; Hutchinson' v. Watson Slough Ditch Co., 16 Ida. 484, 133 Am. St. 125, 101 Pac. 1059; Tomsche v. Hummel, 18 Ida. 23, 108 Pac. 343; Flynn Group Mining Co. v. Murphy, 18 Ida. 266, 138 Am. St. 201, 109 Pac. 851; Salisbury v. Spofford, 22 Ida. 393, 126 Pac. 400; Miller v. Blunck, 24 Ida. 234, 133 Pac. 383.) Where there is evidence to support the finding of the court and the judgment, the judgment will not be reversed. {Brown v-. Grubb, 23 Ida. 537, 130 Pac. 1073; Brinton v. Steele, É3 Ida. 615, 131 Pac. 662; Morris-Boberts Co. v. Mariner, 24 Ida. 788, 135 Pac. 1166.)

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morgan

Text extracted by OCR from a scanned original; check the original for exact wording.

MORGAN, G. J.

This action was commenced for an accounting and to recover half of the net .promts on the purchase and sale of an interest in a mine which was bought and sold by respondent at a time when, appellant contends, there existed an agreement for an equal division between them of any profits which might arise from the deal.

According to the theory of appellant the consideration for the agreement was $10 which, evidence introduced on his behalf tends to show, he advanced to respondent with which *326 to pay the expenses of the latter while engaged in the enterprise, the transaction being sometimes referred to as a “grubstake.”

There is a direct conflict in the evidence. Respondent denied any agreement ever existed between the parties to share the profits, and introduced evidence tending to show the $10 in question was loaned to him by appellant’s wife and was by him repaid to her.

There is ample evidence to support the findings made by the trial judge, and the ease is well within the established rule to the effect that an appellate court will not disturb the verdict of a jury or the judgment of a trial court because of conflict in the evidence when there is sufficient proof, if uncontradicted, to sustain it.

The judgment is affirmed. Costs are awarded to respondent.

Rice and Budge, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1921: 11922: 11923: 11926: 11927: 31933: 11943: 11947: 11951: 11954: 119212026peak 1927 · 3

Relies on it most ⓘ

  1. Estate of Keig140 P.2d 163 (Cal. Ct. App. 1943)
  2. Bedal v. Smith214 P. 213 (Idaho 1923)
  3. Villalon v. Bowen273 P.2d 409 (Nev. 1954)
  4. Hess v. Pettigrew247 N.W. 90 (Mich. 1933)
  5. Thomey v. Thomey181 P.2d 777 (Idaho 1947)
  6. Johnson v. Wolford157 N.E. 385 (Ohio 1927)

Most recent

  1. Villalon v. Bowen273 P.2d 409 (Nev. 1954)
  2. Barrons v. United States191 F.2d 92 (9th Cir. 1951)
  3. Thomey v. Thomey181 P.2d 777 (Idaho 1947)
  4. Estate of Keig140 P.2d 163 (Cal. Ct. App. 1943)
  5. Hess v. Pettigrew247 N.W. 90 (Mich. 1933)
  6. Johnson v. Wolford157 N.E. 385 (Ohio 1927)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list