Bell v. Stadler
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Aetion to rescind an executory contract of sale of real estate and to recover money paid pursuant thereto. Judgment for plaintiff, and order entered denying a new trial. Appeal from order dismissed. The contract of sale was forfeited ipso facto on December 26, 1915, when plaintiff failed to make payment or tender of payment.
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APPEAL from the District Court of tbe Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Aetion to rescind an executory contract of sale of real estate and to recover money paid pursuant thereto. Judgment for plaintiff, and order entered denying a new trial. Appeal from order dismissed. The contract of sale was forfeited ipso facto on December 26, 1915, when plaintiff failed to make payment or tender of payment. (Machold v. Fa/rnan, 14 Ida. 258, 94 Pac. 170; Prairie Dev. Co. v. Leiberg, 15 Ida. 379, 98 Pac. 616; Rischar v. Shields, 26 Ida. 616, 145 Pac. 294; Papesh v.…
1Opinion of the CourtMorgan, J.
The appeal from the order denying appellants’ motion for a new trial is dismissed for the reason that the record does not contain a certificate showing what papers were submitted to the judge and by him used on the hearing of the motion. (Walsh v. Niess, 30 Ida. 325, 164 Pac. 528, and cases therein cited; Bumpas v. Moore, (Ida.), 175 Pac. 339.
*570It appears in the complaint and from exhibits attached thereto that by written contract and an extension thereof respondent had agreed to buy, and appellant, S. H. Stadler, to sell, certain real estate; that final payment of the purchase price was to be…
2Cases cited26 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Turner v. McDonaldCalifornia Supreme Court · 1888
- Howe v. CoatesSupreme Court of Minnesota · 1906
- State v. ThumIdaho Supreme Court · 1898
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
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- Silfvast v. AsplundMontana Supreme Court · 1933
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