Legal Opinion

Kessler v. Pruitt

Idaho Supreme Court

Decided January 31, 1908PublishedCited by 19 opinions

APPEAL from tbe District Court of Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Trial Judge j Hon. Ed. L. Bryan, bis successor, denying the motion for a new trial. Action to enforce a contract for the sale of real property. Judgment for defendants. A party who insists upon rescission must himself be without fault, for no one will be permitted to take advantage of his own wrong to put an end to an agreement into which he has entered. (24 Am. & Eng.

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APPEAL from tbe District Court of Seventh Judicial District for Canyon County. Hon. Frank J. Smith, Trial Judge j Hon. Ed. L. Bryan, bis successor, denying the motion for a new trial. Action to enforce a contract for the sale of real property. Judgment for defendants. A party who insists upon rescission must himself be without fault, for no one will be permitted to take advantage of his own wrong to put an end to an agreement into which he has entered. (24 Am. & Eng. Ency. of Law, 2d ed., 647, and cases cited; Shelpar.v. Oreen, 96 Cal. 218, 31 Pac. 42; Barso-lou v. Newton, 63 Cal. 223, 226;…

1Opinion of the CourtStewart, J.

This action was brought for the specific enforcement of a contract for the conveyance of certain land situated in Canyon county, Idaho. Judgment was rendered for the defendants — respondents on this appeal. The appeal is from the judgment and order denying a new trial. The appellant alleges as error the action of the trial court in denying the plaintiff’s motion for judgment on the pleadings. The motion for judgment on the pleadings is in the record, but there is nothing in the record to show that the court ever passed upon this motion. The record of the alleged error is not such that this…

2Cases cited5 opinions

  1. Ide v. LeiserMontana Supreme Court · 1890
  2. Frink v. ThomasOregon Supreme Court · 1891
  3. Benson v. ShotwellCalifornia Supreme Court · 1890
  4. Newell v. LampingWashington Supreme Court · 1907
  5. Roberts v. BraffettUtah Supreme Court · 1907

3Cited by19 opinions

  1. Todd v. State BankSupreme Court of Iowa · 1917
  2. Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
  3. Abercrombie v. StoddardIdaho Supreme Court · 1924
  4. Associated Developers Co. v. InfangerIdaho Supreme Court · 1962
  5. Leaf v. CoddIdaho Supreme Court · 1925

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