Legal Opinion

Grice v. Woodworth

Idaho Supreme Court

Decided December 31, 1904PublishedCited by 24 opinions

APPEAL from the District Court of Latah County. Honorable Edgar C. Steele, Judge. Action to enforce specific performance of contract. Judgment for defendant. The facts are fully stated in the opinion. A party who, under a verbal contract, has purchased real estate, gone into possession, made valuable improvements thereon and paid the purchase price, is entitled to a specific performance of the contract.

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APPEAL from the District Court of Latah County. Honorable Edgar C. Steele, Judge. Action to enforce specific performance of contract. Judgment for defendant. The facts are fully stated in the opinion. A party who, under a verbal contract, has purchased real estate, gone into possession, made valuable improvements thereon and paid the purchase price, is entitled to a specific performance of the contract. (Rev. Stats., sec. 6008; Wait on Fraudulent Conveyances and Void and Voidable Acts, 2d ed., sees. 436, 437; 2 Lomax’s Digest, 41; Thomas v. Dickenson, 12 N. Y. 364; Holland v. Hoyt, 14 Mich.…

1Opinion of the Court

SULLIVAN, C. J. —

This is an action to compel specific performance of a contract for the conveyance of real estate situated in Moscow, Latah county. It appears from the record that the respondents are husband and wife, and that on the seventh day of January, 1895, the husband purchased the east one-half of lots 4, 5 and 6, in block 8, Fry’s addition to the town of Moscow, Latah county, and the consideration paid therefor was money acquired by the respondent, Jay Woodworth, subsequent to the marriage of the respondents; that on the twentieth day of March, 1895, while respondents were residing…

2Cases cited3 opinions

  1. Galbraith v. LunsfordTennessee Supreme Court · 1888
  2. De Leon v. HigueraCalifornia Supreme Court · 1860
  3. Mellen v. McMannisIdaho Supreme Court · 1904

3Cited by24 opinions

  1. Wormward v. TaylorIdaho Supreme Court · 1950
  2. Little v. Bergdahl Oil Co.Idaho Supreme Court · 1939
  3. Engholm v. EkremNorth Dakota Supreme Court · 1908
  4. Frost v. MeadIdaho Supreme Court · 1963
  5. Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913

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