Legal Opinion

Wolf v. Eagleson

Idaho Supreme Court

Decided May 26, 1916PublishedCited by 18 opinions

APPEALS from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Actions to recover on contracts for the sale of real property. ’Judgments for plaintiffs. The affirmative allegations in the counterclaim upon which affirmative relief is asked for have been completely disregarded. A trial court must find upon all the material issues raised by the pleadings.

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APPEALS from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Actions to recover on contracts for the sale of real property. ’Judgments for plaintiffs. The affirmative allegations in the counterclaim upon which affirmative relief is asked for have been completely disregarded. A trial court must find upon all the material issues raised by the pleadings. (Brown v. Macey, 13 Ida. 451, 90 Pae. 339; Wood v. Broderson, 12 Ida. 190, 85 Pac. 490; Stone-burner v. Stoneburner, 11 Ida. 603, 83 Pae. 938.) Where a party is seeking to enforce in equity the…

1Opinion of the CourtSullivan, C. J.

These eases were separately tried in the court below, and the parties plaintiff, the causes of action and the subject matter are different, but as the questions at issue arise out of identical transactions and circumstances, the eases were briefed and argued together in this court, and they will be considered together in this opinion.

On January 30, 1907, H. K. Eagleson, the defendant, and plaintiff S. W. Wolf entered into a written contract concerning a tract containing half a section of land near Parma, in Canyon county, which had shortly before been acquired by Eagleson. The contract…

2Cases cited2 opinions

  1. Fouch v. BatesIdaho Supreme Court · 1910
  2. Jones v. VanausdelnIdaho Supreme Court · 1916

3Cited by18 opinions

  1. Anderson v. WhippleIdaho Supreme Court · 1951
  2. Davenport v. BurkeIdaho Supreme Court · 1917
  3. Wormward v. TaylorIdaho Supreme Court · 1950
  4. Anselmo v. BeardmoreIdaho Supreme Court · 1950
  5. State v. SnoderlyIdaho Supreme Court · 1940

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