Prairie Development Co. v. Leiberg
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Kootenai County. Hon. W. W.. Woods, Judge. An action for the specific performance of a contract for the sale of real property. Judgment for plaintiff. Defendants appeal from the judgment.
Read the full summary
APPEAL from the District Court of the First Judicial District, for Kootenai County. Hon. W. W.. Woods, Judge. An action for the specific performance of a contract for the sale of real property. Judgment for plaintiff. Defendants appeal from the judgment. If it is doubtful whether an agreement has been concluded or is a mere negotiation, and unless the proof is clear and satisfactory both as to the existence of the agreement and as to its terms, chancery will not decree specific performance. (Dalzell v. Dueler Watch Co., 149 U. S. 320, 13 Sup. Ct. 886, 37 L. ed. 749; Carr v. Duval, 14 Pet.…
1Opinion of the CourtStewart, J.
This is an action for the specific performance of the following contract:
“This contract, made and entered into this 26th day of December, A. D., one thousand nine hundred and five, by and between Mrs. Carrie E. Leiberg and John B. Leiberg of the first part, and J. Grier Long, ‘Trustee,’ of the second part, witnesseth as follows, to wit:
“I. The party of the first part, for their heirs, executors and administrators, agree to sell to the party of the second part, all those certain pieces or parcels of land situated in the County of Kootenai and State of Idaho known and described as follows to…
2Cases cited9 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Kelsey v. CrowtherSupreme Court of the United States · 1896
- Morrow v. MatthewIdaho Supreme Court · 1904
- Machold v. FarnanIdaho Supreme Court · 1908
- Robbins v. PorterIdaho Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- M. K. Transport, Inc. v. GroverIdaho Supreme Court · 1980
- Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
- Molyneux v. Twin Falls Canal Co.Idaho Supreme Court · 1934
- Swanson v. StateIdaho Supreme Court · 1960
19 more not listed; retrieve them via the Exa API.