Shull v. Lawrence
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. Robert M. Terrell, Presiding Judge. Action for possession of real property. Judgment for plaintiff.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. Robert M. Terrell, Presiding Judge. Action for possession of real property. Judgment for plaintiff. If respondent drew said option contract with the intention of having appellants understand by its temos that the money, which he was to receive from the Devereaux Mortgage Co., was to be applied as a first payment on the purchase price of the land in question and it is capable of such construction, appellants are entitled to have it so construed, even though respondent intended that the language he employed…
1Opinion of the CourtBice, J.
This is an action to obtain possession of real property. On May 17, 1915, respondent John Shull, by a contract in writing, granted to appellants, Andrew T. Lawrence and George H. Lawrence, an option to purchase ihe land in question, the right to purchase under the option to be exercised within one year from the date of the instrument. The option contained the following paragraphs:
“It is further understood and agreed that if all or any portion of the' land are purchased under this option that the said .John Shull will cany three-fourths of the average price per acre as a loan upon the said…
2Cases cited11 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
- McHenry v. MitchellSupreme Court of Pennsylvania · 1908
- Taylor v. FosterMassachusetts Supreme Judicial Court · 1882
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3Cited by5 opinions
- American Mutual Building & Loan Co. v. KeslerIdaho Supreme Court · 1943
- Damiano v. FinneyIdaho Supreme Court · 1970
- Lawrence v. TerrellIdaho Supreme Court · 1925
- Union Pacific Railroad v. City of Kansas CitySupreme Court of Kansas · 1914
- Shull v. LawrenceIdaho Supreme Court · 1923