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…
1Opinion of the CourtSullivan, C. J.
— This is an appeal from a judgment rendered in favor of the plaintiff for damages on account of an alleged warranty in a deed executed by the defendants to the plaintiff for certain lots in the village of Cottonwood, Idaho county.
The following facts appear from the record:
About the 1st of August, 1908, the defendant, McPherson, entered into a contract with one Beatty whereby he sold to *321Beatty four town lots for the agreed price of $250, to be paid in monthly payments of ten dollars each. A deed was placed in escrow in the German State Bank to be delivered to said Beatty when the full…
2Cases cited5 opinions
- Allen v. LeeIndiana Supreme Court · 1848
- Hays v. PeckIndiana Supreme Court · 1886
- Maris v. IlesIndiana Court of Appeals · 1892
- Polak v. MattsonIdaho Supreme Court · 1912
- Young v. StampflerWashington Supreme Court · 1902
3Cited by1 opinion
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