Legal Opinion

Moody v. Crane

Idaho Supreme Court

Decided July 1, 1921PublishedCited by 18 opinions

APPEAL from tbe District Court of tbe Fourth Judicial District, for Lincoln County. Hon. James E. Bothwell, Judge. Action to compel specific performance of a contract for the sale of stock. From judgment for plaintiff, defendant appeals.

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APPEAL from tbe District Court of tbe Fourth Judicial District, for Lincoln County. Hon. James E. Bothwell, Judge. Action to compel specific performance of a contract for the sale of stock. From judgment for plaintiff, defendant appeals. Under the pleadings, as well as the general law relating to suits in specific performance, it was necessary for the plaintiff, in order to establish his case, to prove that the defendant was the owner of the stock in question, and therefore could specifically perform. (Kennedy v. Eazelton, 128 U. S. 667, 9 Sup. Ct. 202, 32 L. ed. 576; Lane v. Crossman, 58…

1Opinion of the CourtLee, J.

This action was commenced by respondent Moody against appellant Crane for specific performance, to compel the conveyance of 1,150 shares of the capital stock of the Morton Realty Company, a domestic corporation, and 20,000 shares of the capital stock of the Buckeye Ranch Company, also a domestic corporation, according to the terms of a contract entered into between the parties on March 18, 1916, which, with its modifications and amendments, is pleaded haec verba in the complaint. Appellant represented in this contract that he owned 1,150 shares of the capital stock of the Morton Realty…

2Cases cited28 opinions

  1. Humphreys v. McKissockSupreme Court of the United States · 1891
  2. Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
  3. Stanton v. SingletonCalifornia Supreme Court · 1899
  4. Sellers v. GreerIllinois Supreme Court · 1898
  5. Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915

23 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Anderson v. WhippleIdaho Supreme Court · 1951
  2. Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
  3. Paloukos v. Intermountain Chevrolet Co.Idaho Supreme Court · 1978
  4. Childs v. ReedIdaho Supreme Court · 1921
  5. Zaring v. LavattaIdaho Supreme Court · 1922

13 more not listed; retrieve them via the Exa API.

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