Smith v. Beebe
Idaho Supreme Court
APPEAL from tbe District Court of the First- Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover possession of certain mining claims and to have an option decreed to be not a cloud upon the title thereto. Generally, in contracts for the sale of land, unless expressed, time is not of the essence. (Brown v. Guarantee Trust etc. Co., 128 U. S. 403, 9 Sup. Ct.
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APPEAL from tbe District Court of the First- Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to recover possession of certain mining claims and to have an option decreed to be not a cloud upon the title thereto. Generally, in contracts for the sale of land, unless expressed, time is not of the essence. (Brown v. Guarantee Trust etc. Co., 128 U. S. 403, 9 Sup. Ct. J27, 32 L. ed. 468; Goldsmith v. Guild, 10 Allen (Mass.), 239; Green v. Covillaud, 10 Cal. 317, 10 Am. Dec. 725; Waterman v. Banks, 144 U. S. 394, 12 Sup. Ct. 646, 36 L. ed. 479; Young v. Daniels, 2 Iowa,…
1Opinion of the CourtBudge, C. J.
On the 3d day of September, 1915, the respondents, being the owners of certain lode mining claims, entered into an agreement with the appellants, the material parts of which are as follows:
“Witnesseth, that the parties of the first part for and in consideration of the sum of One Dollar ($1) lawful money of the United States, to them in hand paid, the receipt whereof is hereby acknowledged, and the further sum of Seventy Nine thousand, nine hundred ninety-nine ($79,999) dollars, to be paid in installments as hereinafter specified, do hereby covenant, promise and agree, by-and with the parties…
2Cases cited8 opinions
- Waterman v. BanksSupreme Court of the United States · 1892
- Settle v. WintersIdaho Supreme Court · 1886
- Sweezy v. JonesSupreme Court of Iowa · 1884
- Durant v. ComegysIdaho Supreme Court · 1891
- Harper v. Independence Development Co.Arizona Supreme Court · 1910
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3Cited by5 opinions
- Hendrix v. Gold Ridge Mines, Inc.Idaho Supreme Court · 1936
- Nicholson v. SmithIdaho Supreme Court · 1918
- Dunlap v. SavageIdaho Supreme Court · 1934
- Virginia Mining Co. v. HaederIdaho Supreme Court · 1919
- Powell v. Hammon Consol. Gold FieldsDistrict Court, D. Alaska · 1928