King v. Seebeck
Idaho Supreme Court
APPEAL from the Dislrict Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to enforce a contract. Nonsuit granted and judgment of dismissal entered. Forfeitures are not looked upon with favor by the law, and if enforced, the circumstances must be such as to preclude any waiver of the right to enforce the same.
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APPEAL from the Dislrict Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to enforce a contract. Nonsuit granted and judgment of dismissal entered. Forfeitures are not looked upon with favor by the law, and if enforced, the circumstances must be such as to preclude any waiver of the right to enforce the same. All of the conditions necessary to bring, about a forfeiture must have been fulfilled, and the party claiming the benefit of a forfeiture must show himself to be clearly within the terms of the instrument, and he must act promptly in…
1Opinion of the CourtSullivan, J.
This action was commenced to recover the sum of $708.51 and interest on an alleged contract arising out of the following facts: On the 12th day of March, 1908, the respondent entered into an agreement with the appellant whereby he agreed to convey to him the southeast one-fourth of the southeast one-fourth of section 12, township 10 north, range 17 east, B. M., in Twin Falls county, the appellant agreeing to pay therefor the sum of $2,820 in instalments. Said written contract contained, among others, the following provisions: “Failure to make said payments when the same should be made shall…
2Cases cited2 opinions
- Cue v. JohnsonSupreme Court of Kansas · 1906
- Havlick v. DavidsonIdaho Supreme Court · 1909
3Cited by19 opinions
- Bell v. StadlerIdaho Supreme Court · 1918
- Harris v. ReedIdaho Supreme Court · 1912
- Leon v. Barnsdall Zinc Co.Supreme Court of Missouri · 1925
- State Ex Rel. Ohman v. Ivan H. Talbot Family TrustIdaho Supreme Court · 1991
- Sims v. PurcellIdaho Supreme Court · 1953
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