Ray E. Lundahl Co. v. City of Idaho Falls

Idaho Supreme Court

Ray E. Lundahl Co. v. City of Idaho Falls

303 P.2d 671, 78 Idaho 347, 61 A.L.R. 2d 873, 1956 Ida. LEXIS 283

CourtIdaho Supreme Court

DecidedOctober 30, 1956

DocketNo. 8485

StatusPublished

This text of 303 P.2d 671 (Ray E. Lundahl Co. v. City of Idaho Falls) 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.

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Ray E. Lundahl Co. v. City of Idaho Falls, 303 P.2d 671, 78 Idaho 347, 61 A.L.R. 2d 873, 1956 Ida. LEXIS 283 (Idaho 1956).

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Opinion

PORTER, Justice.

This case is the companion action to ■Case No. 8484, entitled Lundahl v. City of Idaho Falls, 78 Idaho 338, 303 P.2d 667. The two cases were consolidated for argument to this court. They state identical causes of action except that the plaintiff in Case No. 8484 is the owner of the damaged property and the plaintiff in this Case No. 8485 is the lessee of the garage alleged to have been damaged.

Under the authority of the decision filed this date in the case of Lundahl v. City of Idaho Falls, the judgment of dismissal entered in this cause is reversed and the cause remanded to the trial court with instructions to vacate the judgment of dismissal, overrule the general demurrer, decide the questions raised by the special demurrer and to proceed in the premises. Costs to appellant.

TAYLOR, C. J., and KEETON, ANDERSON and SMITH, JJ., concur.

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PORTER, Justice.

This case is the companion action to ■Case No. 8484, entitled Lundahl v. City of Idaho Falls, 78 Idaho 338, 303 P.2d 667. The two cases were consolidated for argument to this court. They state identical causes of action except that the plaintiff in Case No. 8484 is the owner of the damaged property and the plaintiff in this Case No. 8485 is the lessee of the garage alleged to have been damaged.

Under the authority of the decision filed this date in the case of Lundahl v. City of Idaho Falls, the judgment of dismissal entered in this cause is reversed and the cause remanded to the trial court with instructions to vacate the judgment of dismissal, overrule the general demurrer, decide the questions raised by the special demurrer and to proceed in the premises. Costs to appellant.

TAYLOR, C. J., and KEETON, ANDERSON and SMITH, JJ., concur.

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303 P.2d 671, 78 Idaho 347, 61 A.L.R. 2d 873, 1956 Ida. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-e-lundahl-co-v-city-of-idaho-falls-idaho-1956.

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