[DOWNLOAD] "D. N. Nordling v. Whelchel Mines Company" by Supreme Court of Idaho No. 9633 " eBook PDF Kindle ePub Free

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eBook details

• Title: D. N. Nordling v. Whelchel Mines Company
• Author : Supreme Court of Idaho No. 9633
• Release Date : January 28, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Plaintiffs (appellants) were doing business as a partnership engaged in the business of sales and rental of welding equipment and supplies in Boise, Idaho. Defendant (respondent) was a corporation organized under the laws of the State of Idaho and engaged in the operation of a mining property near McDermitt, Nevada. May 8, 1962, the parties entered into an agreement for the lease of certain welding equipment by plaintiffs as lessors to defendant as lessee for a rental of $40 per month. No rental was paid by defendant until early in December, 1962, when the sum of $280 had accrued thereon. At that time a representative of the defendant called at plaintiffs' place of business for the purpose of making settlement. The parties do not agree upon the date of this meeting. Plaintiffs' witnesses testified the meeting occurred on December 5th. Defendant's witnesses testified the meeting occurred about the 1st or 2nd of December. It developed at the meeting that the parties were in disagreement as to the contract made by them when the equipment was let to defendant in May, 1962. Plaintiffs' witnesses testified that a simple rental contract was agreed upon for a rental of $40 per month, the equipment to be returned to plaintiffs when no longer needed by defendant. Defendant's witnesses testified that in addition to the rental agreement it was further agreed that defendant could purchase the property for the purchase price of $385, and that 90% of the rental paid thereon could be applied to the purchase price. Under date of December 4, 1962, the following letter was mailed to plaintiffs by defendant. ""P. O. Box 111 McDermitt, Nevada December 4, 1962

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