Papesh v. Wagnon
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to rescind an executory contract and to recover money paid thereunder. Judgment for defendant. The law is clear that the covenant by the vendor in an executory contract of sale, to give a ‘ ‘ good and sufficient warranty deed,” is in the eyes of the law a contract to give a marketable title free from encumbrance.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action to rescind an executory contract and to recover money paid thereunder. Judgment for defendant. The law is clear that the covenant by the vendor in an executory contract of sale, to give a ‘ ‘ good and sufficient warranty deed,” is in the eyes of the law a contract to give a marketable title free from encumbrance. (39 Cyc., pp. 1445 and 1446, with many authorities cited.) It follows that if the covenant on the part of the vendor to execute a “good and sufficient warranty deed” was…
1Opinion of the CourtBudge, J.
This is an action brought by appellant to recover part of the purchase price paid under an executory contract to purchase a tract of land in what is known as the Post Falls Irrigation Tract, located in Kootenai county. The contract recites the consideration to be paid for the land. Two hundred dollars was paid on the delivery of the contract, and the balance was to be paid at the Scandinavian-American Bank, Spokane, Washington, upon various dates stipulated in the contract, together with interest on the unpaid balance at eight per cent. All payments were made under the contract except the…
2Cases cited5 opinions
- Grey v. TubbsCalifornia Supreme Court · 1872
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
- Styles v. BlumeNew York Court of Common Pleas · 1895
- Martin v. StoneMissouri Court of Appeals · 1899
- Garrett v. CroninIdaho Supreme Court · 1905
3Cited by6 opinions
- Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
- Bell v. StadlerIdaho Supreme Court · 1918
- Coe v. BennettIdaho Supreme Court · 1928
- Clinton v. MeyerIdaho Supreme Court · 1927
- Borchert v. Hecla Mining Co.Idaho Supreme Court · 1985
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