Legal Opinion

Feeney v. Chester

Idaho Supreme Court

Decided November 27, 1900PublishedCited by 6 opinions

APPEAL from District Court, Bannock County. The contract which is sought to be specifically executed ought not only to be proved, but the terms of it should be so precise as that neither party could reasonably misunderstand them. If the contract be vague or uncertain, or the evidence to establish it be insufficient, a court of equity will not exercise its extraordinary jurisdiction to enforce it, but will leave the party to his legal remedy.

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APPEAL from District Court, Bannock County. The contract which is sought to be specifically executed ought not only to be proved, but the terms of it should be so precise as that neither party could reasonably misunderstand them. If the contract be vague or uncertain, or the evidence to establish it be insufficient, a court of equity will not exercise its extraordinary jurisdiction to enforce it, but will leave the party to his legal remedy. (Galson v. Thompson, 2 Wheat. 336; Magee, v. McManus, 70 Cal. 553, 12 Pac. 451; Los Angeles etc. Assn. v. Philips, 56 Cal. 530; Morrison v. Rossignol, 5…

1Opinion of the CourtHuston, C. J.

Although this ease is, as shown, by the record, an action to restrain a trespass, still it seems to have been treated by both court and counsel as an action to quiet the title of the parties litigant to the waters of Soda creek, or to a ditch taking water from said creek. Appellant states in his brief that "this is a suit in equity to quiet the title of appellant to a certain ditch, described and set forth in the complaint.” In hie complaint appellant, after setting forth his title to the ditch and the water therein flowing, and alleging the acts of defendant ' in taking water therefrom,…

2Cases cited1 opinion

  1. Stowell v. TuckerIdaho Supreme Court · 1900

3Cited by6 opinions

  1. Walsh v. WallaceNevada Supreme Court · 1902
  2. McReynolds v. HarrigfeldIdaho Supreme Court · 1914
  3. Deeds v. StephensIdaho Supreme Court · 1902
  4. Reynolds Irrigation Dist. v. SproatIdaho Supreme Court · 1950
  5. Mahaffey v. CarpenterIdaho Supreme Court · 1926

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