Amonson v. Idaho Development Co.

Citations

• 25 Idaho 615
• 139 P. 352
• 1914 Ida. LEXIS 24

Syllabus

<p>Contract — Oral Contract for Sale of Beal Property — Bepijdiation of Contract by Parties Who Made the Contract — Bight of BeCOVERY UPON THE FACTS SHOWN IN THE CASE — LIABILITY OF AGENT of the Person Selling Property Where a Partial Payment was Made and Thereafter the Agreement was Bepudiated and Waived by Both Parties.</p> <p>1. Where an oral contract was made by A. and the I. D. Co., being the respondent and appellant, for the sale of real estate, and the contract provided that the price was $900, and $225 was paid at the time the contract was made as a part of the purchase money, and thereafter a difference arose as to the terms of the contract, and both parties repudiated the contract and refused to rely upon the same, and thereupon this action was brought for the recovery of the money paid, held, that the plaintiff had a cause of action against the defendant upon the facts and the law.</p> <p>2. Held, in this case, that the record and the evidence show conclusively that there was no consideration for the payment of the sum paid, and the record does not show any right or equity for the claim made by defendant in his answer.</p>