Zaring v. Lavatta
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Power County. Hon. Robert M. Terrell, Judge. Action for specific performance of contract for sale of real property. Judgment for defendants. “If the plaintiff has performed his -unenforceable promise the fact that before such performance there was a lack of mutuality in the remedy is no defense.”
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APPEAL from the District Court of the Fifth Judicial District, for Power County. Hon. Robert M. Terrell, Judge. Action for specific performance of contract for sale of real property. Judgment for defendants. “If the plaintiff has performed his -unenforceable promise the fact that before such performance there was a lack of mutuality in the remedy is no defense.” (36 Cyc. 631; Frue v. Houghton, 6 Colo. 318; Elliott on Contracts, 2281, 2283.) The mutuality of remedy need not necessarily exist at the time of making of contract, but the mutual enforcement of the contract should be practicable at…
1Opinion of the CourtBudge, J.
This suit was instituted by appellant to obtain specific performance of a contract for the sale to him of certain lands in Power county, owned by respondents Phillip and May B. Lavatta. A demurrer to appellant’s amended complaint was sustained, and for failure to further amend within the period of twenty days allowed therefor, the cause was thereafter dismissed. This appeal is from the order of dismissal, and appellant assigns as error the action of the court in sustaining the demurrer and in ordering the dismissal of the suit.
It is alleged in the complaint 'that on February 12, 1918, Phillip…
2Cases cited2 opinions
- Childs v. ReedIdaho Supreme Court · 1921
- Moody v. CraneIdaho Supreme Court · 1921
3Cited by17 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Shortell v. Evans-Ferguson Corp.California Court of Appeal · 1929
- F & C INVESTMENT COMPANY v. JonesSupreme Court of Georgia · 1954
- Wormward v. TaylorIdaho Supreme Court · 1950
- Marshall v. CovingtonIdaho Supreme Court · 1959
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