Salisbury v. Spofford
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to recover balance due on a written contract. Judgment for the plaintiff. Conceding that the husband could make a gift of the contract here sued upon, the law requires that the transfer, whether gift or donation or exchange, shall be such as to clearly deprive the husband of his interest.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to recover balance due on a written contract. Judgment for the plaintiff. Conceding that the husband could make a gift of the contract here sued upon, the law requires that the transfer, whether gift or donation or exchange, shall be such as to clearly deprive the husband of his interest. (Ballinger, Community Property, sees. 55, 154.) If the thing given be a chose in action, the law requires an assignment or equivalent instrument and the transfer must be actually executed. (Dilts…
1Opinion of the CourtSullivan, J.
This action was brought to recover a balance alleged to-be due upon a contract in writing, entered into between the respondent and her husband and the appellant, by which appellant, in consideration of respondent and her husband relinquishing a former lease to certain real estate, promised to pay the sum of $100, $50 at the time of marketing the oat crop raised on said land out of the proceeds thereof, and $50 to be paid after the entire crop upon said land had been harvested and marketed.
*395It is alleged in the complaint that the appellant had paid only $36.50 upon the first-mentioned $50 out…
2Cases cited1 opinion
- Dittemore v. Cable Milling Co.Idaho Supreme Court · 1909
3Cited by12 opinions
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
- State v. SnoderlyIdaho Supreme Court · 1940
- Harriman Institute of Social Research, Inc. v. Carrie Tingley Crippled Children's HospitalNew Mexico Supreme Court · 1938
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- Henry Gold Mining Co. v. HenryIdaho Supreme Court · 1913
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