Clinton Sheep Co. v. Ogee
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. ¥m. A. Babcock, Judge. Action in claim and delivery. Judgment for plaintiff. A vendee cannot maintain an action in claim and delivery against a vendor who refuses to deliver.
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APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. ¥m. A. Babcock, Judge. Action in claim and delivery. Judgment for plaintiff. A vendee cannot maintain an action in claim and delivery against a vendor who refuses to deliver. (23 R. C. L. 1251, sec. 67; Hamilton v. Gordon, 22 Or. 557, 30 Pac. 495; Cob-bey (1900 ed.) on Replevin, sec. 289, citing Kerr v. Henderson, 62 N. J. L. 724, 42 Atl. 1073.) Claim and delivery will not lie to enforce an unexecuted' agreement. (Saxton v. Breshears, 21 Ida. 333, 121 Pac. 567; 6 R. C. L. 886, sec. 273, 274; Cobbey on…
1Opinion of the Court
McCARTHY, J. —
May 24, 1912, one Solon Bray, purporting to act for Bray Brothers, made a written agreement with respondent to sell and deliver to it, each year for five years, from 200 to 250 tons of hay at $5 per ton, the hay to be measured on the first of each November. December 17, 1912, he leased for five years, to appellant Ogee, part of his agricultural land for a rental of $1,000, $250 payable on June 1st, and $750 on November 1st of each year. One of the express covenants of the lease, which is signed by Bray and appellant Ogee, is that the latter “will, during the life of this lease,…
2Cases cited4 opinions
- Idaho Implement Co. v. LambachIdaho Supreme Court · 1909
- Byles v. ColierMichigan Supreme Court · 1884
- Mark P. Miller Milling Co. v. Butterfield-Elder Implement Co.Idaho Supreme Court · 1919
- Barber v. AndrewsSupreme Court of Rhode Island · 1908
3Cited by5 opinions
- National Produce Distributors, Inc. v. Miles & Meyer, Inc.Idaho Supreme Court · 1954
- Bekins Moving & Storage Co v. Maryland Cas. Co.Idaho Supreme Court · 1952
- Portland Seed Co. v. ClarkIdaho Supreme Court · 1922
- Russell v. RussellIdaho Supreme Court · 1978
- Russell v. RussellIdaho Supreme Court · 1978