Gaskill v. Jacobs
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eleventh Judicial District, for Cassia County. Hon. T. Bailey Lee, Judge. Action in unlawful detainer. Judgment for plaintiff. "Where the evidence discloses part performance by all the parties to the agreement, it removes the bar of the statute of frauds, and may be enforced in a court of equity.
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APPEAL from tbe District Court of tbe Eleventh Judicial District, for Cassia County. Hon. T. Bailey Lee, Judge. Action in unlawful detainer. Judgment for plaintiff. "Where the evidence discloses part performance by all the parties to the agreement, it removes the bar of the statute of frauds, and may be enforced in a court of equity. (Deeds v. Stephens, 8 Ida. 514, 69 Pae. 534; Ferguson v. Blood, 152 Fed. 98, 82 C. C. A. 482; Armstrong v. Henderson, 16 Ida. 566, 102 Pac. 361; Idaho Fruit & L. Go. v. Great Western Electric etc. Go., 18 Ida. 1, 107 Pac. 989; Smith v. Stanfield, 29 Ida. 192, 158…
1Opinion of the CourtWm. E. Lee, J.
— -The respondent, Gaskill, the owner of the premises in controversy, leased them to one Butler. *798On or about May 21, 1918, during the term of the said lease, appellant entered into negotiations with Bntler for the purpose of subleasing the premises. Butler agreed to lease the premises to appellant, and the following memorandum, referred to as defendant’s exhibit 2, was signed and delivered to appellant:
“May 21, 1918'.
“I hereby agree to lease to H. A. Jacobs the store room that I now occupy on or before July first, 1918, or as soon as the Gudmunsen room is ready for me, for a term of two years…
2Cases cited12 opinions
- Gault v. StormontMichigan Supreme Court · 1883
- Levin v. SaroffCalifornia Court of Appeal · 1921
- Dillingham v. DahlgrenCalifornia Court of Appeal · 1921
- Houser v. HobartIdaho Supreme Court · 1912
- Wineburgh v. GayCalifornia Court of Appeal · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- Custis v. Valley National Bank of PhoenixArizona Supreme Court · 1962
- Birdzell v. Utah Oil Refining Co.Utah Supreme Court · 1952
- Richardson v. KingIdaho Supreme Court · 1932
11 more not listed; retrieve them via the Exa API.