Wolcott v. Booth

BISTLINE, Justice,

specially concurring.

Although I agree with the decision to affirm the district court, I must add my own thoughts to dispel any inference from the Court’s summary disposition that earnest money agreements are in toto unenforceable in Idaho. The law does not favor the destruction of contracts because of uncertainty, but rather will, if feasible, construe agreements so as to effectuate the reasonable intentions of the parties. Seal v. Polehn, 284 Or. 259, 586 P.2d 345, 347 (1978); Howard v. Thomas, 270 Or. 6, 526 P.2d 552, 554 (1974); 11 Williston on Contracts § 1424 (3d ed.…