Brady v. Yost
Idaho Supreme Court
APPEAI; from District Court, Kootenai County. Where one copy of a contract which is to be executed in duplicate has been signed by the parties, but is left with the attorney of one party to have a duplicate executed, there is not a sufficient delivery of the instrument to constitute a contract. (Lamar Milling etc. Co. v. Craddock, 5 Colo.
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APPEAI; from District Court, Kootenai County. Where one copy of a contract which is to be executed in duplicate has been signed by the parties, but is left with the attorney of one party to have a duplicate executed, there is not a sufficient delivery of the instrument to constitute a contract. (Lamar Milling etc. Co. v. Craddock, 5 Colo. App. 203, 37 Pac. 950.) Every new contract seeking to carry out or enforce any of the unexecuted provisions of a former illegal contract is void. (Gray v. Hook, 4 N. Y. 450; 3 Am. & Eng. Ency. of Law, 887) Comstoch v. Draper,, 1 Mich. 481, 53 Am. Dee. 78;…
1Opinion of the CourtSullivan, C. J.
— This is a suit in equity, wherein the respondent, who was the plaintiff in the court below, seeks to compel the specific performance of a contract of sale for the newspaper plant known as the “Silver Blade,” which is situated at Kathdrum, Kootenai county. The complaint contains the necessary allegations, and pleads the contract in haec verba. The contract is as follows:
“Made this tenth day of February, 1897, between John F. Tost, of Kathdrum, Kootenai county, Idaho, party of the first part, and J. C. Brady, of Kathdrum, Kootenai county, Idaho, party of the second part, witnesseth: That the…
2Cases cited7 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Rees v. GorhamIdaho Supreme Court · 1917
- Johnson v. NiichelsIdaho Supreme Court · 1930
- Huebener v. ChinnOregon Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.