Urich v. McPherson
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District for the County of Idaho. Hon. Edgar C. Steele, Judge. Action to recover on an alleged warranty the amount paid to relieve the property involved from mechanics’ or laborers’ liens. Judgment for plaintiff.
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APPEAL from tbe District Court of the Second Judicial District for the County of Idaho. Hon. Edgar C. Steele, Judge. Action to recover on an alleged warranty the amount paid to relieve the property involved from mechanics’ or laborers’ liens. Judgment for plaintiff. If the theory of the plaintiff is correct that under the facts the warranty in his deed bound him, there were no liens or claims on the lots for which he or McPherson were responsible or for which there could be a foreclosure of the lien. (Steel v. Argentine Min. Go., 4 Ida. 505, 95 Am. St. 144, 42 Pac. 585.) The implied covenants…
1Concurrence
BUDGE, J.,
Concurring Specially. — I concur in the conclusions reached by Chief Justice Sullivan in the above-entitled cause, but in doing so and to make my position clear desire to set forth the following additional reasons why, in my opinion, this judgment should be reversed and the cause remanded with instructions to enter up judgment in favor of the appellant.
When McPherson entered into the contract referred to in the statement of facts in this case, whereby he sold to Beatty the four lots for the agreed price of $250, to be paid in monthly instalments of $10 each, and placed the deed in…
2Cases cited12 opinions
- Cannon v. HandleyCalifornia Supreme Court · 1887
- Botsford v. MorehouseSupreme Court of Connecticut · 1823
- Regan v. HoweMassachusetts Supreme Judicial Court · 1877
- Warren v. TobeyMichigan Supreme Court · 1875
- Cunningham v. WilliamsSupreme Court of Arkansas · 1883
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