Hall v. Yaryan
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for debt. Judgment for defendants. Plaintiff appeals. “The deposit of a deed in escrow subjects both parties to the conditions upon which it was deposited and neither can withdraw from the same.”
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action for debt. Judgment for defendants. Plaintiff appeals. “The deposit of a deed in escrow subjects both parties to the conditions upon which it was deposited and neither can withdraw from the same.” (Tharaldson v. Everts, 87 Minn. 168, 91 N. W. 467; In re Cornelius’ Estafe, 151 Cal. 550, 91 Pac. 329.) The deed being delivered as an escrow it is no longer revocable by the vendor, but it will take effect whenever the condition has happened or been complied with on which it is to be…
1Opinion of the CourtAilshie, C. J.
The appellant, William J. Hall, on about the 30th day of March, 1911, entered into a contract with James F. Yaryan and wife, whereby he agreed to purchase from them a farm for the sum of $12,585. A deed was executed and placed in escrow in the First National Bank of Idaho. The escrow agreement was indorsed on the envelope in which the deed was placed, and recited that the first payment of $2,000 had been made and the receipt of that sum was acknowledged. It then provided for the payment of $1,000 on the 30th of March, 1912, $1,000 on March 30, 1913, and the balance of $8,585 on or before…
2Cases cited13 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Downey v. RiggsSupreme Court of Iowa · 1897
- In Re Estate of CorneliusCalifornia Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilson v. BogertIdaho Supreme Court · 1959
- Howard v. Bar Bell Land & Cattle Co.Idaho Supreme Court · 1959
- Ellis v. ButterfieldIdaho Supreme Court · 1977
- Malmberg v. BaughUtah Supreme Court · 1923
- Miller v. RemiorIdaho Supreme Court · 1963
6 more not listed; retrieve them via the Exa API.