Amonson v. Idaho Development Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Sixth Judicial District for Lembi County. Hon. J. M. Stevens, Judge. Action to recover a part of the purchase price for certain real property purchased under an oral contract. It may be admitted that, since the case is within the statute of frauds, neither party could enforce the contract, because the written and signed memorandum does not sufficiently identify the property.
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APPEAL from the District Court of tbe Sixth Judicial District for Lembi County. Hon. J. M. Stevens, Judge. Action to recover a part of the purchase price for certain real property purchased under an oral contract. It may be admitted that, since the case is within the statute of frauds, neither party could enforce the contract, because the written and signed memorandum does not sufficiently identify the property. But it does not follow that the plaintiff, repudiating the contract, can recover back the money paid. The contract, though not enforceable, is yet not unlawful. The rule is well…
1Opinion of the CourtStewart, J.
This action was instituted by the respondent against the appellant to recover the sum of $225, with interest paid to the appellant, as part of the purchase price for certain real property purchased under an oral contract. The pleadings in the case allege the facts of the oral agreement at the time the money was paid. The court by agreement of parties appointed a referee to ascertain the facts and liabilities of the parties in the action.
The evidence shows that the appellant, in the latter part of August, 1910, through its agent, A. H. Clark, entered into an oral agreement with the respondent…
2Cases cited5 opinions
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- Brown v. GrubbIdaho Supreme Court · 1913
- Wheeler v. Gilmore & Pittsburg RailroadIdaho Supreme Court · 1913
- Johnson v. FisherIdaho Supreme Court · 1913
- McMahon v. CooperIdaho Supreme Court · 1913
3Cited by1 opinion
- Smith v. GorsuchWyoming Supreme Court · 1927