Allen v. Kitchen
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial ‘ District, for the County of Ada. Hon. Fremont Wood, Judge. Action by the plaintiff for the specific performance of an executory contract for the sale of real estate. Judgment for defendant and plaintiff appealed.
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APPEAL from tbe District Court of the Third Judicial ‘ District, for the County of Ada. Hon. Fremont Wood, Judge. Action by the plaintiff for the specific performance of an executory contract for the sale of real estate. Judgment for defendant and plaintiff appealed. “An agreement for the sale of lands, under the statute of frauds, will be held sufficient, as to its description of the land to be conveyed, if it so discloses a particular piece or tract of land that it can be identified, located or found. Parol evidence may be resorted to to apply the description or identify the tract, though…
1Opinion of the CourtAilshie, J.
This action was instituted in the district court for the reformation and specific performance of a contract for the sale of real estate. The trial court sustained a demurrer to plaintiff’s amended complaint and entered judgment of dismissal and for costs against the plaintiff. The contract upon which the action was brought in as follows:
*137“This article of agreement, made and entered into this 21st day of May, 1908, by and between H. L. Allen, party of the first part, and John Kitchen, party of the second part, witnesseth: That the party of the first part has this day bargained to sell and…
2Cases cited20 opinions
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Gillespie v. MoonNew York Court of Chancery · 1817
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Craig v. ZelianCalifornia Supreme Court · 1902
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3Cited by58 opinions
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- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
- White v. RehnIdaho Supreme Court · 1982
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