Deeds v. Stephens
Idaho Supreme Court
APPEAL from District Court, Nez Perees County. Facts are fully stated in the opinion. A court of equity, having acquired jurisdiction for one purpose, will retain it for all. Especially is this true in states under the reformed procedure. Hence, in suits for specific performance it is perfectly proper for a court of equity to grant legal and equitable reliefs, either alone or ancillary to one another. The court therefore erred in refusing to admeasure damages.
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APPEAL from District Court, Nez Perees County. Facts are fully stated in the opinion. A court of equity, having acquired jurisdiction for one purpose, will retain it for all. Especially is this true in states under the reformed procedure. Hence, in suits for specific performance it is perfectly proper for a court of equity to grant legal and equitable reliefs, either alone or ancillary to one another. The court therefore erred in refusing to admeasure damages. (Pomeroy’s Equity Jurisprudence, see. 242; Pomeroy’s Specific Performance of Contracts, secs. 262, 474-480; Pomeroy’s Remedies and…
1Opinion of the CourtStockslagee, J.
— This case is here on appeal from a judgment of the district court of Nez Perces county. The amended complaint alleges that plaintiff is the owner in fee of lots 11 and 12, block 29, of the city of Lewiston, together with buildings and improvements, known as the “Isaman Building"; that about the first day of September, 1900, there was upon said premises a three-story brick building, and that on or about that date S. G. Isaman, plaintiffs grantor, who was then the owner of said building, leased and let all of the second and third floors of said building and that portion of the cellar…
2Cases cited3 opinions
- Stowell v. TuckerIdaho Supreme Court · 1900
- Feeney v. ChesterIdaho Supreme Court · 1900
- Francis v. GreenIdaho Supreme Court · 1901
3Cited by10 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Houser v. HobartIdaho Supreme Court · 1912
- Anselmo v. BeardmoreIdaho Supreme Court · 1950
- Gaskill v. JacobsIdaho Supreme Court · 1924
- Havlick v. DavidsonIdaho Supreme Court · 1909
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