Land v. Hea
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, iu and for Twin Falls County. Hon. Edward A. Walters, Judge. Action by plaintiff to rescind a contract and cancel an assignment thereof. Judgment for plaintiff and defendants appeal. The cancellation of the bona fide indebtedness in the purchase of the real estate was of itself and alone sufficient consideration to sustain the purchase. {Knox v. McFarran, 4 Colo. 586; Murray v. National Concordia, 5 Kan.
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APPEAL from the District Court of the Fourth Judicial District, iu and for Twin Falls County. Hon. Edward A. Walters, Judge. Action by plaintiff to rescind a contract and cancel an assignment thereof. Judgment for plaintiff and defendants appeal. The cancellation of the bona fide indebtedness in the purchase of the real estate was of itself and alone sufficient consideration to sustain the purchase. {Knox v. McFarran, 4 Colo. 586; Murray v. National Concordia, 5 Kan. App. 456, 49 Pac. 326; Schluter v. Harvey, 65 Cal. 158, 3 Pac. 659; Frey v. Clifford, 44 Cal. 355.) The respondent was guilty…
1Opinion of the CourtAilshie, J.
This action was commenced by the plaintiff, who is respondent here, to have a certain contract and the assignment thereof canceled and declared void, and for the cancellation of a deed issued under such contract. Judgment was entered for the plaintiff and the defendants appeal.
Some time prior to the 13th of May, 1908, the appellant, Walter Hea, shipped from the state of Iowa to Twin Falls, in this state, two carloads of fruit trees and nursery stock. *252After receiving the same at Twin Falls, he began selling it off to such persons as desired to purchase and finally traded a large quantity…
2Cited by3 opinions
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- Anglo-American Mill Co. v. Community Mill Co.Idaho Supreme Court · 1925
- Millick v. StevensIdaho Supreme Court · 1927