Balmer v. Pollak

GIVENS, Justice.

Jacob Schmier and wife owned Lots 4 and 5 of Block 23 of Scott’s Addition to the City of Idaho Falls, Idaho, and September 7, 1940, sold Lot 5 to the Jacobsons, who in the fall of 1941, built a house thereon. Upon Schmier starting to erect a fence in July or September 1941 upon the lot line between the two lots, he was approached by Mrs. Jacobson, who contended this fence would be too near her house and thereupon Schmier orally sold to her for a consideration of $40.00, four feet of Lot 4 and erected the fence on this new division line to about eighty feet back from the…