Brady v. Yost

Citations

• 6 Idaho 273
• 55 P. 542
• 1898 Ida. LEXIS 61

Syllabus

<p>Public Interest — Contract.—B. entered into a contract with Y. for the purchase of the material and fixtures constituting the newspaper publishing plant of the “Silver Blade” newspaper, and as a part of the consideration agreed to obtain for Y. the contract to publish certain classification lists of mineral lands. And Y. on bis part agreed to bid for the county printing of Kootenai county, and in case he was awarded said printing, he would assign the contract to B., provided B. complied with his part of said contract and purchased said newspaper plant. B. performed . all the conditions of said contract agreed to be performed by him, and Y. thereupon refused to turn over said property to B., on the ground) that said contract was contrary to public interest or policy, illegal and void. Held, under the facts of this case said contract was legal, valid and not in conflict with public interest.</p> <p>Illegal Contract. — Any agreement respecting public contracts to be awarded on bids which tends to deprive the people of the advantage of competition in bidding is unlawful and void.</p> <p>Specific Performance. — A court of equity will decree a specific performance of a. contract for the sale of chattels when damages at law will not afford a complete and adequate remedy.</p> <p>Special Bindings by Jury. — In equity suits the specific findings of a jury are advisory only. The court may disregard such findings when they are clearly against the evidence. Section 4396, Devised Statutes, recognizes a distinction between law and equity.</p> <p>(Syllabus by the court.)</p>