Wilson v. Sunnyside Orchard Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action on contract of warranty. Judgment for defendant. In the case of agricultural lands, a contract for their purchase may be rescinded by the vendee on discovering that he had been deceived by false representations of the seller as to the character, fertility or chemical composition of the soil, as to its adaptability to the growing of particular crops.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action on contract of warranty. Judgment for defendant. In the case of agricultural lands, a contract for their purchase may be rescinded by the vendee on discovering that he had been deceived by false representations of the seller as to the character, fertility or chemical composition of the soil, as to its adaptability to the growing of particular crops. (2 Black on Bescission, sec. 425, p. 1052; Becker v. Sunnyside Land & Inv. Go., 76 Wash. 685, 136 Pac. 1147; Field v. Mood…
1Opinion of the CourtMccarthy, J.
Appellant’s predecessors in interest and respondent entered into a contract, by which the former agreed to buy and the latter to sell the lands and water right involved. Respondent was to plant an orchard, remain in possession and control and care for it for five years and retain the crops. Appellant’s predecessors made an initial payment and agreed to pay the balance in six annual instalments. The contract provides for a forfeiture of all *505rights and of any amounts paid, upon default in any of the agreed payments. In March, 1912, the contract was modified by the addition of the following…
2Cases cited28 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Ludington v. PattonWisconsin Supreme Court · 1901
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brooks v. JensenIdaho Supreme Court · 1954
- West v. PraterIdaho Supreme Court · 1937
- Sorensen v. LarueIdaho Supreme Court · 1926
- Sparks v. Charles Wayne GroupDistrict Court of Appeal of Florida · 1990
- Hill v. WilkinsonIdaho Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.