Haas v. Coburn
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action for specific performance. Judgment for plaintiff and defendant appealed.
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APPEAL from tbe District Court of tbe Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action for specific performance. Judgment for plaintiff and defendant appealed. Tbis court bas already passed upon a contract, not only in substance, but word for word, as tbe contract in question, in Smith v. Krall, 9 Ida. 541, 75 Pac. 263, in which the court unequivocally holds that time is the essence of the contract; also Machold v. Farnan, 14 Ida. 258, 94 Pac. 170. The supreme court of Colorado has decided a case on all-fours with the case at bar, assuming all of the testimony of…
1Opinion of the CourtAilshie, J.
This action was commenced for the specific performance of a contract to convey real estate. Judgment was entered for the plaintiff and the defendant appealed.
On the 11th of March, 1907, appellant and respondent entered into a written agreement whereby appellant agreed to sell and the respondent agreed to buy lot 1 in block 1 of South McCammon, in Bannock county, at a stipulated price of $350, which was evidenced by a promissory note executed by the respondent. The agreement contained a provision that the purchase price should be paid on or before the 11th day of March, 1908, and it was…
2Cases cited2 opinions
- Machold v. FarnanIdaho Supreme Court · 1908
- Smith v. KrallIdaho Supreme Court · 1904
3Cited by4 opinions
- Ellis v. ButterfieldIdaho Supreme Court · 1977
- Ellis v. ButterfieldIdaho Supreme Court · 1978
- Ellis v. ButterfieldIdaho Supreme Court · 1977
- Ellis v. ButterfieldIdaho Supreme Court · 1977