Murphy v. Livesay
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover commission for the sale of real estate. Judgment for defendant. It is not essential that the description should be given with such particularity as to make a resort to extrinsic evidence unnecessary.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover commission for the sale of real estate. Judgment for defendant. It is not essential that the description should be given with such particularity as to make a resort to extrinsic evidence unnecessary. If the designation is so definite that the purchaser knows exactly what he is buying, and the seller knows what he is selling, and the land is so described that the court can, with the aid of external evidence, apply the description to the exact property intended to be…
1Opinion of the CourtBudge, J.
This is an action by appellant against respondent S. J. Livesay and Alice B. Livesay, intervenor, to recover $525 as commission for the sale of real estate.
Appellant and respondent entered into a written agreement, the material portion of which is as follows:
Contract No. -.
“Farm Property Contract.
“I, S. J. Livesay of Caldwell, P. O., County of Canyon, State of Idaho, for and in consideration of the sum of One Dollar ($1.00) in hand paid, the receipt whereof is hereby acknowledged, have this day and by these presents given A. L. Murphy the sole and exclusive sale, agency and exchange of my…
2Cases cited5 opinions
- Allen v. KitchenIdaho Supreme Court · 1909
- Cushing v. Monarch Timber Co.Washington Supreme Court · 1913
- Rogers v. LippyWashington Supreme Court · 1918
- Gilman v. BruntonWashington Supreme Court · 1916
- Kurdy v. RogersIdaho Supreme Court · 1904
3Cited by11 opinions
- Lexington Heights Development, LLC v. CrandlemireIdaho Supreme Court · 2004
- Johnson v. AllenUtah Supreme Court · 1945
- C. Forsman Real Estate Company v. HatchIdaho Supreme Court · 1976
- Central Idaho Agency, Inc. v. TurnerIdaho Supreme Court · 1968
- Callies v. O'NEALIdaho Supreme Court · 2009
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