Legal Opinion

Boyd v. Boley

Idaho Supreme Court

Decided February 20, 1914PublishedCited by 10 opinions

APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stoekslager, Judge. Action for the recovery of payments made on the purchase price of land and taxes' paid, on contract for sale. Judgment for plaintiff and defendant appeals. The contract between Boyd and Boley was in writing; no fraud or mistake in the transaction, so that this contract and it alone should have guided the lower court.

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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stoekslager, Judge. Action for the recovery of payments made on the purchase price of land and taxes' paid, on contract for sale. Judgment for plaintiff and defendant appeals. The contract between Boyd and Boley was in writing; no fraud or mistake in the transaction, so that this contract and it alone should have guided the lower court. (Jacobs v. Shewn, 3 Ida. 274, 29 Pac. 44; 21 Am. & Eng. Ency. of Law, 1080.) “That a party to a valid contract, in the absence of fraud or other special…

1Opinion of the CourtAilshie, C. J.

This action was instituted by the respondent against the appellant for the recovery of payments made on the purchase price and taxes paid on a tract of land in Twin Falls county. Judgment was entered for the plaintiff and the defendants appealed.

On December 21, 1911, the appellant, M. B. Boley, and respondent entered into a contract in writing whereby Boley agreed to convey to Boyd forty acres of land for a stipulated price, and to give him a good and sufficient warranty deed therefor. Boyd made a payment under this contract and also paid taxes amounting to some $85, and thereafter, and prior…

2Cases cited3 opinions

  1. Benson v. ShotwellCalifornia Supreme Court · 1890
  2. Turner v. McDonaldCalifornia Supreme Court · 1888
  3. Bowman v. AyersIdaho Supreme Court · 1889

3Cited by10 opinions

  1. Marshall v. GilsterIdaho Supreme Court · 1921
  2. Sorensen v. LarueIdaho Supreme Court · 1926
  3. Barnard & Son, Inc. v. AkinsIdaho Supreme Court · 1985
  4. McMahon v. CooperIdaho Supreme Court · 1949
  5. Fajen v. PowlusIdaho Supreme Court · 1977

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