McDowell v. Geokan

252 P.2d 1056, 73 Idaho 430, 1953 Ida. LEXIS 227
CourtIdaho Supreme Court
DecidedJanuary 28, 1953
Docket7620
StatusPublished
Cited by3 cases

This text of 252 P.2d 1056 (McDowell v. Geokan) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDowell v. Geokan, 252 P.2d 1056, 73 Idaho 430, 1953 Ida. LEXIS 227 (Idaho 1953).

Opinion

GIVENS, Justice.

May 24, 1947, respondents leased to appellants, by written contract, some 326.78 acres in Townships 22 North, Ranges 7 and 8 East of the Boise Meridian, on the South Fork of Salmon River, for five years. Respondents were to furnish 100 tons of hay, 100 head of cattle, 12 horses and four mules and the farming implements and equipment on the property and pay $1,000 annually towards operation costs. Appellants were to farm the property in the farmerlike, neighborhood practice, surrender possession at the termination of the lease period — wear and tear excepted — furnish 150 head of cattle and not sublet, and in case of default, pay attorney’s fees.

Respondents and appellants were to be equally liable for taxes and seed; crops, and cattle to be equally divided at the termination of the lease.

Respondents had a permit from the Forest Service to graze a certain number of cattle on the Payette National Forest, within the confines of which the real property is located. The road to the neighborhood of the ranch, a sparsely settled section in game *434 country, is generally closed to vehicular traffic by snow on the intervening seven or eight thousand-foot .summit from November to June.

Respondents’ permit was not mentioned in the lease. After appellants brought their cattle from the Juniper Mountains in the breaks of the Owyhee River by trail, truck and train to the ranch about July 7, the Forest Service officials notified both parties the cattle could not stay, but had to be taken off the reserve because they did not belong to respondents, and gave temporary permission to wait until the next spring to take them out.

Respondents evidently took repossession of the ranch about April 5, 1948, having brought this suit against appellants March 23, for repossession and damages, in the original complaint, of $9,250 and $1500 attorney’s fees and in the nominated amended complaint, for an additional $4,860 for failure to properly farm and care for the place and respondents’ cattle, and consequent waste.

Appellants’ amended answer denied any breach or failure to comply with the lease, and alleged respondents had induced appellants to enter into the lease by false representations that appellants’ cattle could be grazed in the Forest reserve under respondents’ permit, alleging respondents knew this could not be done when the lease was executed, but had not so informed appellants; sought damages for the consequent expenses in bringing their cattle in to the ranch and expense and loss of cows and calves from having to take them out in the early spring in inclement weather when the cows were calving, in the amount of $12,-313.09.

The jury returned a verdict in favor of respondents for $3,000.

By stipulation, the amended answer and cross-complaint were considered denied. Accordingly, respondents countered appellants’ contention of false representations by asserting appellants knew they would have to transfer their cattle to respondents and had so agreed prior to the execution of the lease, though such agreement was not in the lease.

On the appeal from the judgment, appellants assign four errors, which we do not take up in the order presented in the brief, the first considered by us being:

“II.
“The Court erred in overruling the objection of the defendants to the admission of oral evidence to the effect that before the lease was signed the plaintiffs informed the defendants that the defendants woulij be required to execute in favor of the plaintiffs a Bill of Sale of all of their cattle in that the oral evidence so introduced varied the terms of the written lease and required the defendants not only to give a Bill of Sale of their cattle to the plaintiffs but to-join in the perpetration *435 of a fraud against the Forest Service

The testimony complained of is as follows :

“A. The next time I met Geokans was between the 15th and 20th of May. They came in there with this lease and wanted us to sign it. I went ahead and explained to Geokans fully that before he could bring in the cattle and run them on the ranch he would have to make preparations and turn 'in a bill of sale of those cattle to the Forest; and Mr. Parks, a ranger there, told me he would have to do that, and also Mr. Hague — it was all right, he did not have any objection—
“By Mr. Donart: I object to the answer as an attempt to vary the terms of a written lease.
“By the Court: Objection overruled.
“Q. Just proceed. A. And we thought everything was all right; that the cattle were going to be split fifty-fifty when the calves were sold and at the end of five years the split would be the same. He says it did not make any difference to him; he would still run the ranch and he would provide a clear title as soon as he could from Herbert Martin on the cattle and before he brought them in.
“Q. When did that conversation take place? A. Between May 15th and 20th.
“Q. Was that prior to the execution of the lease? A. Yes. He agreed to that, or we would never have signed the lease.
“By Mr. Donart: We move to strike after the word yes as not responsive.
“By the Court: It may be stricken.” McDowell. Dir.

Incidentally, conceding this evidence was inadmissible as varying the lease, it was, nevertheless, admissible as showing that appellants knew of the requirement that respondents must own all the cattle to be grazed under their permit, and hence, respondents were not chargeable with the false representation alleged by appellants. Evidence clearly admissible for one purpose (herein, to show no false representations made) is not rendered inadmissible because not competent on another issue. Absent a requested instruction to limit such evidence (and there was none herein) there was no error in overruling appellants’ objections to the extent they were overruled. Town of Meeker v. Fairfield, 25 Colo.App. 187, 136 P. 471; Chicago Lumber Co. v. Cox, 94 Kan. 563, 147 P. 67; Wilcox v. Bear, 140 Wash. 39, 248 P. 58.

“This evidence, moreover, was expressly not offered for the purpose of varying the terms of the written warehouse receipt, but went to the issue of whether the receipt was the only and entire contract between the parties. It was also clearly competent as tending *436 to show knowledge on the part of defendant as to the value of the property to be stored with it. It is well settled, of course, that ‘if evidence is admissible for any purpose, it must be received, even though it may be highly improper for another purpose.’ Hatfield v. Levy Bros., 18 Cal.2d 798, 809, 117 P.2d 841, 847.” George v. Bekins Van & Storage Co., Cal.App., 196 P.2d 637 at page 650.

64 C.J. 132, #151 n. 25(a).

Furthermore, there was later evidence of similar import to which there was no obj ection:

“Q. Did you later sign the lease?

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Bluebook (online)
252 P.2d 1056, 73 Idaho 430, 1953 Ida. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-geokan-idaho-1953.