Hayton v. Clemans
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for the rescission of a contract, the cancelation of a deed and promissory note, and for the recovery of rental. Judgment for plaintiff.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for the rescission of a contract, the cancelation of a deed and promissory note, and for the recovery of rental. Judgment for plaintiff. The complaint must allege that prior to the commencement of the action the plaintiff had elected to rescind; that acting upon such election, he had restored or offered to restore whatever he had received in -the transaction, and that he still stands ready, willing and able to make such restoraton, providing the thing to be restored is of any…
1Opinion of the CourtBudge, J.
This suit was brought by respondents in the district court of the second judicial district, in and for Latah county, against appellants, for the cancelation of a certain deed made by respondents by which certain lands and premises belonging to respondents situate in Latah county, Idaho, were conveyed to appellant W. R. Clemans, and for the cancelation of a certain promissory note for the sum of $1,000 made by respondents and payable to the order of appellant W. R. Clemans.
From the record it appears that respondents were the owners of certain lands and premises situate in Latah county, and…
Also in this document: Concurrence.
2Cases cited7 opinions
- Breshears v. CallenderIdaho Supreme Court · 1913
- Brown v. NormanMississippi Supreme Court · 1888
- Heckman v. EspeyIdaho Supreme Court · 1906
- Kemmerer v. PollardIdaho Supreme Court · 1908
- Henry Gold Mining Co. v. HenryIdaho Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Neil v. HydeIdaho Supreme Court · 1919
- Crumpacker v. Bank of Washington CountyIdaho Supreme Court · 1924
- Consolidated Interstate-Callahan Mining Co. v. MortonIdaho Supreme Court · 1920
- First National Bank of Emmett v. CruickshankIdaho Supreme Court · 1924