Howes v. Barmon
Idaho Supreme Court
APPEAL from the District Court in and for the County of Shoshone. Honorable Ralph T. Morgan, Judge. Plaintiffs commenced an action to enjoin the deféndants from closing up a stairway in their building, and to restrain them from interfering with plaintiffs’ right of passage there-over, and to compel specific performance of a parol agreement for the grant of a perpetual easement for the use of such stairway.
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APPEAL from the District Court in and for the County of Shoshone. Honorable Ralph T. Morgan, Judge. Plaintiffs commenced an action to enjoin the deféndants from closing up a stairway in their building, and to restrain them from interfering with plaintiffs’ right of passage there-over, and to compel specific performance of a parol agreement for the grant of a perpetual easement for the use of such stairway. Judgment and decree were entered for the plaintiffs, from which defendants appealed. One who seeks to enforce a specific performance of a contract is bound to establish clearly and…
1Opinion of the CourtAilshie, J.
— In this case the trial court entered a decree for the specific performance of a parol contract to grant a *67perpetual easement in a stairway maintained in appellants’ building. The principal facts upon which the decree was entered are briefly as follows: In the month of November, 1899, the respondents, Howes & King, were the owners of lot 6 and the south one-half of lot 8 in block 21 in the city of Wallace, on which stood a two-story brick building, the ground floor of which was occupied by them as a store building and the second floor as a dwelling. About this time the appellants purchased…
2Cases cited13 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
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3Cited by17 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Ames v. AmesIndiana Court of Appeals · 1910
- Bob Daniels and Sons v. WeaverIdaho Court of Appeals · 1984
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1938
- Thomas v. MorganSupreme Court of Oklahoma · 1925
12 more not listed; retrieve them via the Exa API.