Durant v. Comegys
Idaho Supreme Court
APPEAL from District Court, Shoshone County. Time is generally not of the essence of the contract, and purchaser does not forfeit his right of purchase by negle pay at the day. (Wells v. Wells, 3 Ired. Eq. 596; Bunné, Jackson, 1 How.
Read the full summary
APPEAL from District Court, Shoshone County. Time is generally not of the essence of the contract, and purchaser does not forfeit his right of purchase by negle pay at the day. (Wells v. Wells, 3 Ired. Eq. 596; Bunné, Jackson, 1 How. (Miss.) 358; Brashier v. Grata, 6 Wheat. £ Hepburn v. Auld, 5 Craneh, 270; Taylor v. Longworth, 14 P, 174; Willard v. Tayloe, 8 Wall. 557.) It is not necessary to enable a party to specifically enforce a contract that the other could do the same thing. While usually a contract must be such that the whole of it can be enforced, a party entitled to have it enforced…
1Opinion of the CourtSullivan, C. J.
This is an action brought to compel the specific performance of a contract to convey a two-thirds interest in a mining claim. The amended complaint is as follows:
“[Title of Court and Cause.]
“Come now the plaintiffs above named, and by leave of the eourt first had and obtained, file this their amended complaint, and allege: 1. That the plaintiffs now are, and during all the times hereinafter mentioned were, citizens of the United States over the age of twenty-one years. 2. That prior to and at the time of the making and delivery of the agreements hereinafter mentioned the defendants George…
2Cases cited3 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Brashier v. GratzSupreme Court of the United States · 1821
- Settle v. WintersIdaho Supreme Court · 1886
3Cited by11 opinions
- Tyler v. CateOregon Supreme Court · 1896
- Olympia Mining & Milling Co. v. KernsIdaho Supreme Court · 1913
- Harper v. Independence Development Co.Arizona Supreme Court · 1910
- Mantle v. Jack Waite Mining Co.Idaho Supreme Court · 1913
- Kloppenburg v. MaysIdaho Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.