Newmyer v. Roush
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action for the specific performance of a contract for the sale of real property. Judgment for defendant. Plaintiff appeals. A written contract for the sale of real property may be modified by a subsequent oral agreement. (Prairie Dev.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robt. N. Dunn, Judge. Action for the specific performance of a contract for the sale of real property. Judgment for defendant. Plaintiff appeals. A written contract for the sale of real property may be modified by a subsequent oral agreement. (Prairie Dev. Co. v. Leiberg, 15 Ida. 379, 98 Pae. 379.) An action for specific performance can be predicated upon a verbal contract to convey real estate. (Bobbins v. Porter, 12 Ida. 738, 88 Pae. 86.) The reservations contained in the deed by appellant to respondent…
1Opinion of the CourtStewart, C. J.
This action was brought by the appellant against the respondent to enforce the specific performance of an alleged contract for the exchange of real property owned by the appellant and located in the state of California, for certain real property owned by the respondent and lpeated in the state of Idaho. At the close of the plaintiff’s evidence a motion was made by the respondent for a nonsuit. This motion was sustained, and thereafter the court made findings of fact and conclusions of law and entered a judgment in favor of respondent dismissing said action and for costs, and that the-…
2Cases cited23 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Grube v. NicholsIllinois Supreme Court · 1864
- Clark v. Estate of ConroeSupreme Court of Vermont · 1866
- Jolly v. SingleWisconsin Supreme Court · 1862
- Schurger v. MoormanIdaho Supreme Court · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Nelson v. HoffIdaho Supreme Court · 1950
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Beebe v. Pioneer Bank & Trust Co.Idaho Supreme Court · 1921
- Sorensen v. LarueIdaho Supreme Court · 1926
- McMahon v. CooperIdaho Supreme Court · 1949
12 more not listed; retrieve them via the Exa API.