Virginia Mining Co. v. Haeder
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action to enforce specific performance of an option contract. Judgment for defendants. The making of the last payment upon a contract and the giving of a deed are simultaneous, dependent and concurrent acts, and neither vendor nor vendee can default the other without first offering to perform his part of the contract.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Wm. W. Woods, Judge. Action to enforce specific performance of an option contract. Judgment for defendants. The making of the last payment upon a contract and the giving of a deed are simultaneous, dependent and concurrent acts, and neither vendor nor vendee can default the other without first offering to perform his part of the contract. (Kessler v. Pruitt, 14 Ida. 175, 93 Pac. 965; Reese v. Westfield, 56 Wash. 415, 105 Pac. 837, 28 L. R, A., N. S., 956; Gibson v. Rouse, 81 Wash. 102, 142 Pae. 464;…
1Opinion of the CourtBudge, J.
This action was brought by appellants to enforce the specific performance of an option to purchase an undivided interest in the Virginia Lode Mining Claim, situated on Carbon Creek, Beaver Mining District, in Shoshone county.
After appellants had introduced their evidence, the court sustained a motion for nonsuit and entered judgment accordingly. This appeal is from the judgment. The assignments predicate error upon the granting of the nonsuit. Many of the cases cited by appellants relate to contracts of purchase and sale, which are governed by the legal principles applicable to vendor and…
Also in this document: Concurrence.
2Cases cited5 opinions
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
- Machold v. FarnanIdaho Supreme Court · 1908
- Durant v. ComegysIdaho Supreme Court · 1891
- Smith v. BeebeIdaho Supreme Court · 1918
- Nicholson v. SmithIdaho Supreme Court · 1918
3Cited by1 opinion
- Hammitt v. Virginia Mining Co.Idaho Supreme Court · 1919