Smith v. Krall
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for the defendant from which plaintiff appeals. Judgment modified; each party to pay his own costs.
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for the defendant from which plaintiff appeals. Judgment modified; each party to pay his own costs. Where, under a mutual bilateral contract for the purchase and sale of real estate, the vendee pays part of the purchase money in cash and gives his negotiable promissory notes for the balance, and the vendor retains the legal title to such real estate as security for the payment of such notes, the notes and contracts will be considered as one instrument, and regarded as a security in the nature of a…
1Opinion of the CourtStockslagee, J.
It appears from the record that on the twenty-ninth day of March, 1900, appellant entered into an oral agreement to purchase two lots in Boise from defendant Krall, for the sum'of $850. Negotiations were made through W. S. Walker, agent for Krall. Appellant at said time paid to said defendant through his agent, Walker, $20. On the second day of April following a formal written agreement was prepared and signed, and on the same day, before any further money was paid, an additional agreement was executed and on April 3d following the execution of both agreements, appellant paid' to defendant…
2Cited by5 opinions
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