Legal Opinion

Kelly v. Hodges

Idaho Court of Appeals

Decided March 26, 1991No. 18110PublishedCited by 15 opinions

1Opinion of the Court

WALTERS, Chief Judge.

Charles Kelly filed an action against Jolene Hodges seeking to enforce a written “Real Estate Purchase and Sale Agreement” (the Agreement), allegedly modified by an oral agreement to extend the closing date. Based on the statute of frauds, the district court granted Hodges’ motion to dismiss Kelly’s complaint and awarded damages and attorney fees. For the reasons explained below, we vacate the judgment and remand the case to the district court for further proceedings.

I

The relevant facts are as follows. In February, 1988, Hodges responded to an advertisement for the rental…

2Cases cited23 opinions

  1. Hawkins v. StuddardSupreme Court of Georgia · 1909
  2. Associates Northwest, Inc. v. BeetsIdaho Court of Appeals · 1987
  3. Dracopoulas v. RachalTexas Supreme Court · 1967
  4. Kline v. ClintonIdaho Supreme Court · 1982
  5. Rex Lumber Co. v. Acton Block Co.Massachusetts Appeals Court · 1990

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3Cited by15 opinions

  1. Harwood v. TalbertIdaho Supreme Court · 2001
  2. Daisy Manufacturing Co. v. Paintball Sports, Inc.Idaho Court of Appeals · 2000
  3. Sanders v. LankfordIdaho Court of Appeals · 2000
  4. Treasure Valley Gastroenterology Specialists P.A. v. WoodsIdaho Court of Appeals · 2001
  5. Action Collection Services, Inc. v. BighamIdaho Court of Appeals · 2008

10 more not listed; retrieve them via the Exa API.

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