Lies v. Mulhall
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover a portion of the purchase price paid in consideration of the transfer of a tract of land.
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APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover a portion of the purchase price paid in consideration of the transfer of a tract of land. “The fact that so much per acre is mentioned as the price to be paid does not prevent the sale from being a sale in gross.” {Hyde v. Phillips, 61 Wash. 314, 112 Pac. 257.) The distinction between a sale in gross and a sale by the acre “does not depend entirely upon whether the payment is to be made in a gross sum or at so much per acre, or upon-the fact or mode of specifying…
1Opinion of the CourtBudge, C. J.
This action was brought by respondent to recover from appellant a portion of the purchase price paid to the latter in consideration of the transfer of a certain tract of land. Respondent based his right to recover upon the theory that he was to have received 140 acres of land at the price of $65 per acre, amounting to $9,100, which sum *207he actually paid to appellant, whereas he, in fact, received, as he alleged, only 121.31 acres and computed his damages upon this amount at the agreed price of $65 per acre. The land making up this discrepancy consisted of certain streets and alleys in the town…
2Cases cited4 opinions
- Hanson v. TompkinsWashington Supreme Court · 1891
- Miller v. WissertSupreme Court of Oklahoma · 1913
- Shaw v. JohnstonIdaho Supreme Court · 1910
- Patton v. SchneiderCourt of Appeals of Kentucky · 1902
3Cited by5 opinions
- Addy v. StewartIdaho Supreme Court · 1949
- Simpson v. JohnsonIdaho Supreme Court · 1979
- Dixon v. MorseIdaho Supreme Court · 1969
- Lies v. MulhallIdaho Supreme Court · 1918
- Simpson v. JohnsonIdaho Supreme Court · 1979