Rischar v. Shields
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to quiet title and regain possession of certain real estate. Judgment for the plaintiff.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to quiet title and regain possession of certain real estate. Judgment for the plaintiff. “When the vendor insists that the vendee is in default to such an extent as to entitle him to have the contract rescinded, he must allege and prove that he had tendered to the vendee a deed conveying to him all the land according to the terms of the agreement on the part of the vendee, and must have notified him that the contract would be rescinded unless purchase money was paid within a…
1Opinion of the CourtSullivan, C. J.
This action was brought by the respondent to quiet her title to a certain lot situated in or near Coeur d’Alene City, and to recover possession thereof. A demurrer to the complaint was filed and overruled by the court. Thereafter an answer, an amended answer and a cross-complaint were filed and & motion to strike the amended answer and counterclaim 'and for judgment on the pleadings was made by the respondent, which was granted by the court. A motion was also made to amend the answer, which was denied by the court, and judgment was entered in favor of the plaintiff for the possession of said…
2Cases cited4 opinions
- Reese v. WestfieldWashington Supreme Court · 1909
- Voight v. Fidelity Investment Co.Washington Supreme Court · 1908
- Lewis v. WellardWashington Supreme Court · 1911
- Brentnall v. MarshallCourt of Appeals of Kansas · 1900
3Cited by4 opinions
- Abercrombie v. StoddardIdaho Supreme Court · 1924
- Clinton v. MeyerIdaho Supreme Court · 1927
- Moon v. BrewerIdaho Supreme Court · 1965
- Wolter v. DixonIdaho Supreme Court · 1916