Lott v. Anderson
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. William A. Babcock, Judge. Action to obtain decree forfeiting all rights of purchaser under land sale contract. From decree for plaintiff, defendant appeals. Even where time is made the essence of a contract in writing, yet it does not in the absence of gross misconduct upon the part of the promisor hold him to a strict account.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. William A. Babcock, Judge. Action to obtain decree forfeiting all rights of purchaser under land sale contract. From decree for plaintiff, defendant appeals. Even where time is made the essence of a contract in writing, yet it does not in the absence of gross misconduct upon the part of the promisor hold him to a strict account. (Durant v. Comegys, 3 Ida. 204, 28 Pac. 425.) “Courts of equity have no power or jurisdiction to construct or reconstruct an executory contract for the parties thereto, or to…
1Opinion of the CourtDunn, J.
This action was brought by respondent to obtain a decree forfeiting all rights of appellant under a certain contract between appellant and one Bray for the purchase by appellant of 80 acres of land in Cassia county, together with $2,300 paid thereon by appellant, and to obtain possession of said land.
The complaint alleges that on Nov. 27, 1917, Bray was the equitable owner of, in possession of, and entitled to the possession of 80 acres of land in Cassia county purchased from the state of Idaho under certain certificates numbered 1266 and 1267, and that on or about said date, said…
2Cases cited5 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Harris v. ReedIdaho Supreme Court · 1912
- King v. SeebeckIdaho Supreme Court · 1911
- Robinson v. CheneyNebraska Supreme Court · 1885
- Brixen v. JorgensenUtah Supreme Court · 1904
3Cited by1 opinion
- Lashonse v. HerrickIdaho Supreme Court · 1924