Wolter v. Dixon
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. W. A. Babcock, Judge. Actions to recover on breach of contract. Judgments for defendant.
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APPEAL from tbe District Court of the Fourth Judicial District, for Lincoln County. Hon. W. A. Babcock, Judge. Actions to recover on breach of contract. Judgments for defendant. The demurrer to the answer should have been sustained, because the answer was filed in a summary proceeding to recover possession of real estate, and involved the consideration of three separate and distinct items of counterclaim, one of which was unliquidated and founded upon the negligence of appellant. (Hunter v. Porter, 10 Ida. 72, 77 Pac. 434; Ralph v. Lower, 3 Wash. 401, 28 Pac. 760; Phillips v. Port Townsend…
1Opinion of the CourtBudge, J.
By stipulation of counsel two actions brought by appellant against the respondent in the district court of the fourth judicial district in and for Lincoln county, are presented in one transcript and were argued and submitted together. The two cases are the result of an agreement to sell certain real and personal property made by appellant, who is the widow of Peter "Walter, deceased.
The agreement to sell, on the part of appellant, and to buy, on the part of respondent, was signed on September 11, 1913, and recites a cash payment of $100, made at the time, and that the further sum of $5,900…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hunter v. PorterIdaho Supreme Court · 1904
- Carmack v. DrumWashington Supreme Court · 1902
- Page v. Bradford-Kennedy Co.Idaho Supreme Court · 1911
- Rischar v. ShieldsIdaho Supreme Court · 1914
3Cited by5 opinions
- Williams v. HavensIdaho Supreme Court · 1968
- Richardson v. KingIdaho Supreme Court · 1932
- Fry v. WeyenIdaho Supreme Court · 1937
- Obermeyer v. KendallIdaho Supreme Court · 1923
- Hunter v. ClawsonIdaho Supreme Court · 1950