Sullivan v. Burcaw
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action for specific performance of a forfeiture.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Action for specific performance of a forfeiture. From a judgment for plaintiff, defendants appeal, Where an instalment contract, in which time is made the essence thereof, gives the vendor an option to forfeit upon a breach of snch contract by the vendee, the vendor cannot summarily declare the contract forfeited, but he must give the vendee notice of his intention to do so and a reasonable time within which to comply with the provisions of the contract. (Higinbotham v. Frock, 48…
1Opinion of the CourtMccarthy, J.
Respondent brought this action for the purpose of canceling and terminating a written contract between himself and J. A. Burcaw. Defendant J. A. Burcaw filed a disclaimer. The other defendants demurred; their demurrer being overruled, they answered, traversing the material allegations of the complaint, and setting up certain affirmative defenses, and filed a cross-complaint for specific performance of the contract.
In 1916 respondent was the owner of the property in question, being a lot in the city of Coeur d’Alene, Idaho, subject to a mortgage of $350. On December 19th of that year…
2Cases cited20 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Stevinson v. JoyCalifornia Supreme Court · 1912
- Monson v. BragdonIllinois Supreme Court · 1895
- Farnsworth, Trustees v. Minnesota and Pacific Railroad CompanySupreme Court of the United States · 1876
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3Cited by25 opinions
- Riverside Development Co. v. RitchieIdaho Supreme Court · 1982
- Graves v. CupicIdaho Supreme Court · 1954
- Howard v. Bar Bell Land & Cattle Co.Idaho Supreme Court · 1959
- Ellis v. ButterfieldIdaho Supreme Court · 1977
- Williams v. HavensIdaho Supreme Court · 1968
20 more not listed; retrieve them via the Exa API.