West v. Theis
Idaho Supreme Court
15 Idaho 167, 96 P. 932 (1908)
- Written by Curtis Parvin, JD
Facts
On April 2, 1888, Charles Theis (defendant) entered into four promissory notes with I. D. West. Theis and West resided in Kansas, and Theis was to make payment on the notes there. Theis paid two of the notes but moved to Washington without paying the other two before the expiration of the statute of limitations for contract actions in Kansas. Theis lived in Washington for more than six years before moving to Idaho. On May 10, 1906, Jennie West (plaintiff)—West’s widow—brought a breach-of-contract action in Idaho to collect on the notes. Theis asserted the claim was time-barred under Washington’s six-year statute of limitations relating to contracts, which he argued had expired while he lived there. The trial court agreed and entered judgment in Theis’s favor. Jennie appealed.
Rule of Law
Issue
Holding and Reasoning (Ailshie, C.J.)
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