Burgess v. Corker
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. An action for the purpose of canceling and annulling a certain contract entered into between the appellants and respondent for selling and purchasing real property.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. An action for the purpose of canceling and annulling a certain contract entered into between the appellants and respondent for selling and purchasing real property. Respondent cannot have a rescission for a mistake where no fraud has been practiced, except that she offer to pay the defendant for the reasonable use and rental of the premises and restore the possession thereof. (39 Cyc. 1422-1427; Shipp v. Wheeless, 33 Miss. 646; Underwood v. West, 52 111. 399; Worthington v.…
1Opinion of the CourtStewart, J.
When this case came on for hearing counsel for plaintiff presented a motion to dismiss the appeal on the following grounds: 1. That Rule 21 of this court has not been complied with. 2. That'the record on appeal has not been authenticated or identified by bill of exceptions, or in any manner, or at all. 3. That the record does not show that the papers contained in the transcript are the papers or copies of the papers used by the court below in considering and deciding the action denying a new trial.
*220At that time counsel for appellants made a showing to this court, and upon that showing…
2Cases cited7 opinions
- Rippey v. TexasSupreme Court of the United States · 1904
- Lamb v. DavenportSupreme Court of the United States · 1873
- Reynolds v. SumnerIllinois Supreme Court · 1888
- Steensland v. HessIdaho Supreme Court · 1913
- Phillips v. CarterCalifornia Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- Gloubitz v. Smeed Bros.Idaho Supreme Court · 1933