Nicholson v. Smith
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to foreclose liens. Demurrer to complaint sustained and judgment of dismissal entered. The contract is not a lease. It provides that when its terms are complied with by second parties, the title passes to them. There is no reversion remaining in the owners.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action to foreclose liens. Demurrer to complaint sustained and judgment of dismissal entered. The contract is not a lease. It provides that when its terms are complied with by second parties, the title passes to them. There is no reversion remaining in the owners. (24 Cyc. 878-884; 2 Blaekstone, p. 1142 (*page 818) Jones ed.) This contract is one of option purchase within the meaning of such authorities as Donaldson v. Thousand Springs Power Co., 29 Ida. 735, 162 Pac. 334; Johnson…
1Opinion of the CourtMorgan, J.
Respondents own certain mining claims in Shoshone county, concerning which, on September 3, 1915, they entered into an agreement with J. D. and Watson Beebe, who later assigned their interests to the Colonial Mining & Milling . Company. While this company, by virtue of the provisions of the contract, was in possession of the claims, it employed appellants to perform labor thereon. Subsequently appellants were discharged without being paid, whereupon they filed claims of lien against the property and have brought this action to foreclose them. The court sustained respondents’ general demurrer…
2Cases cited10 opinions
- Settle v. WintersIdaho Supreme Court · 1886
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
- Dierks & Sons Lumber Co. v. MorrisMissouri Court of Appeals · 1913
- Harper v. Independence Development Co.Arizona Supreme Court · 1910
- Block v. MurrayMontana Supreme Court · 1892
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3Cited by4 opinions
- Hendrix v. Gold Ridge Mines, Inc.Idaho Supreme Court · 1936
- Poynter v. FargoIdaho Supreme Court · 1929
- Justice Epling v. HeiterIdaho Supreme Court · 1925
- Virginia Mining Co. v. HaederIdaho Supreme Court · 1919