Machold v. Farnan
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. An action for the specific performance of a contract for the sale of real property. Judgment for plaintiff. Defendant moved for a new trial and appeals from the judgment and order denying a new trial.
Read the full summary
APPEAL from the District Court of Sixth Judicial District for Bingham County. Hon. James M. Stevens, Judge. An action for the specific performance of a contract for the sale of real property. Judgment for plaintiff. Defendant moved for a new trial and appeals from the judgment and order denying a new trial. There is no room for argument in this ease as to the intent of the parties to make time of the essence of the contract; it is made clearly and unequivocally to appear in a special provision. When such a provision is a part of the contract, courts of equity will not relieve a party thereto…
1Opinion of the CourtStewart, J.
This is an action for the specific enforcement of a contract, entered into between appellant and respondent on February 27, 1907, for the sale of certain lands situated in Bingham county, Idaho.
The contract provides that the party of the first part, in consideration of the covenants and agreements of the party of the second part, agrees to sell, and by good and sufficient warranty convey to the second party, and the second party agrees to buy certain land; and the second party agrees to pay the first $2,000 as the purchase price of said land in the manner following: The whole of said purchase…
2Cases cited5 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Grey v. TubbsCalifornia Supreme Court · 1872
- Bennett v. HydeCalifornia Supreme Court · 1891
- Smith v. KrallIdaho Supreme Court · 1904
- Sowles v. HallSupreme Court of Vermont · 1890
3Cited by16 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Durant v. SnyderIdaho Supreme Court · 1944
- Bell v. StadlerIdaho Supreme Court · 1918
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
- Kessler v. Tortoise Development, Inc.Idaho Supreme Court · 2000
11 more not listed; retrieve them via the Exa API.