Phelps v. Good
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to recover damages for failure to comply with an alleged contract for the sale of a town lot. Judgment for the plaintiff. In order to constitute a contract, there must be a distinct understanding common to both parties; the minds of the parties must meet as to all its terms, and if any portion of the proposed terms is unsettled and unprovided for, there is no contract.
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APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to recover damages for failure to comply with an alleged contract for the sale of a town lot. Judgment for the plaintiff. In order to constitute a contract, there must be a distinct understanding common to both parties; the minds of the parties must meet as to all its terms, and if any portion of the proposed terms is unsettled and unprovided for, there is no contract. (9.Cyc. 245.) The offerer may annex to his offer any conditions which he sees fit, and the offeree must comply…
1Opinion of the CourtSullivan, J.
This action was commenced to recover damages for a breach of an alleged contract for the sale of a certain town lot, situated in Boise City. It is alleged in the amended complaint, which will hereafter be referred to as the complaint, that on or about the 20th day of February, 1906, plaintiff and respondents mutually agreed, in writing, that the appellants would sell to the plaintiff and that the plaintiff should purchase from the defendants, lot 5 in block 115 of the original townsite of Boise City, for the sum of $2,000; and that at the same time and place, the respondent paid to the…
2Cases cited2 opinions
- Baker v. HoltWisconsin Supreme Court · 1882
- Wilkin Manufacturing Co. v. H. M. Loud & Sons Lumber Co.Michigan Supreme Court · 1892
3Cited by16 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Brothers v. AraveIdaho Supreme Court · 1946
- CH Leavell and Co. v. Grafe and Associates, Inc.Idaho Supreme Court · 1966
- Mohr v. ShultzIdaho Supreme Court · 1964
- Gulf Chemical Employees Federal Credit Union v. WilliamsIdaho Court of Appeals · 1984
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