Spongberg v. First National Bank
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Edward A. Walters, Judge. An action to enforce the specific performance of a contract to lease real property. Judgment of nonsuit. Plaintiff appeals. A deed shall, if possible, be so construed as to effectuate the intention.
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APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Edward A. Walters, Judge. An action to enforce the specific performance of a contract to lease real property. Judgment of nonsuit. Plaintiff appeals. A deed shall, if possible, be so construed as to effectuate the intention. In arriving at that intention it is always admissible to consider the situation of the parties and the circumstances, and every part of the writing should be considered with the help of that evidence'. {Bartholomew v. Muzzy, 61 Conn. 393, 29 Am. St. Rep. 206, 23 Atl. 604; 12 Am. &'…
1Opinion of the CourtStewart, J.
Appellant brought this action to enforce the performance of a contract to lease real property. The contract was in writing and described the property as “the side room in our bank. ’ ’ Upon the trial the appellant proved the execution of the contract, and the contract was offered and admitted in evidence. The plaintiff was then sworn as-a witness and his counsel asked him this question: “At the time the agreement was made what bank building or room did you have in view?” Counsel for respondent objected to-this question upon the ground that the same was incompetent, irrelevant and immaterial,…
2Cases cited20 opinions
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Preble v. AbrahamsCalifornia Supreme Court · 1891
- Jones v. St. John Irrigating Co.Idaho Supreme Court · 1884
- Ontario Deciduous Fruit Growers' Ass'n v. Cutting Fruit Packing Co.California Supreme Court · 1901
- Archibald Estate v. MattesonCalifornia Court of Appeal · 1907
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3Cited by13 opinions
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- Bodenhamer v. Pacific Fruit & Produce Co.Idaho Supreme Court · 1931
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