Legal Opinion

Childs v. Neitzel

Idaho Supreme Court

Decided January 21, 1914Published

APPEAL from the District Court of the Third Judicial District, iu and for Ada County. Hon. Carl A. Davis, Judge. Action to determine the rights of the several parties under certain water right contracts. Judgment for the intervenors.

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APPEAL from the District Court of the Third Judicial District, iu and for Ada County. Hon. Carl A. Davis, Judge. Action to determine the rights of the several parties under certain water right contracts. Judgment for the intervenors. The record conclusively shows that the land owners had full knowledge that the only assets of the defendant company consisted of the proceeds to be derived from the payment of the amounts due on water contracts, that such payments were to be made from year to year until December, 1916, and that such company having no other assets, it was a matter of absolute…

1Opinion

ON REHEARING.

The specific performance of such a contract would require constant supervision of the court for years unless the receiver should succeed in immediately enforcing payment from all settlers, and unless the funds so collected should prove sufficient to complete the project. (6 Pomeroy, Eq. Jur., sec.. 760; .Fry, Specific Performance, see. 48; Boss v. Union Pac. By. Go., Fed. Cas. No. 12,080, Woolw. 26; Texas & Pac. By. Co. v. City of Marshall, 136 U. S. 393, 10 Sup. Ct. 846, 34 L. ed. 385; Beck v. Allison, 56 N. Y. 366, 15 Am. Rep. 430; Alabama Western B. Co. v. State ex rel.…

2Cases cited8 opinions

  1. Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
  2. Beck v. . AllisonNew York Court of Appeals · 1874
  3. P.P. C.I.R.R. Co. v. . C.I. B.R.R. Co.New York Court of Appeals · 1894
  4. Grubb v. StarkeySupreme Court of Virginia · 1894
  5. Prospect Park & Coney Island Railroad v. Coney Island & Brooklyn RailroadNew York Court of Appeals · 1894

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