Gard v. Thompson
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. C. O. Stockslager, Judge. Action to enforce a forfeiture and in ease a forfeiture could not be had, to recover damages. Judgment for plaintiff. An option is a unilateral agreement binding one party but not binding the other until its terms are accepted and the other party signifies his intention to be bound thereunder.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. C. O. Stockslager, Judge. Action to enforce a forfeiture and in ease a forfeiture could not be had, to recover damages. Judgment for plaintiff. An option is a unilateral agreement binding one party but not binding the other until its terms are accepted and the other party signifies his intention to be bound thereunder. (Sizer v. Clark, 116 Wis. 534, 93 N. W. 539; Hopwood v. McCausland, 120 Iowa, 218, 94 N. W. 469, 470; Hanly v. Watterson, 39 W. Va. 214, 19 S. E. 536; Litz v. Goosling, 93 Ky. 185, 19 S. W.…
1Opinion of the CourtSullivan, J.
This action was commenced against defendants G. W. Thompson, L. G. Bradley, J. H, Peterson, Charles H. Hammett, King’s Hill Extension Irrigation Com-' pany, Limited, a corporation, and Medbury Water Company, a corporation, on a written option given by the respondent Gard to the defendants Thompson, Bradley and Peterson, to purchase all of the water rights and water claims represented by two permits, each including twenty second-feet per minute *488of time of the waters of certain creeks in Elmore county, which the respondent had procured from the state engineer.
Demurrers were filed to the amended…
2Cases cited6 opinions
- Nielson v. ParkerIdaho Supreme Court · 1911
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- Kessler v. PruittIdaho Supreme Court · 1908
- McGinness v. StanfieldIdaho Supreme Court · 1898
- King v. ChamberlinIdaho Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Groth v. Continental Oil CompanyIdaho Supreme Court · 1962
- Sutheimer v. StoltenbergIdaho Court of Appeals · 1995
- Marsters v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- McGill v. LesterIdaho Court of Appeals · 1985
1 more not listed; retrieve them via the Exa API.