Burgess v. Corker

Citations

• 25 Idaho 217
• 136 P. 1127
• 1913 Ida. LEXIS 29

Syllabus

<p>Contract — Failure to Comply With Contract — Rescission—Judgment.</p> <p>1. Held, that the plaintiff should be charged with the sum of $40.70 for the possession of the land and the benefit of the same during the period she has been in such possession since the time she paid $500 on .the 24th day of May, 1911, 'as an offset against the interest which the court finds in finding of law No. 5; that plaintiff cannot recover as an offset for the taxes she has paid, inasmuch as she was in possession of the land during the time she paid the taxes, and paid the same voluntarily.</p> <p>2. Held, that conclusion of law No. 9 be modified as follows: That the plaintiff should have judgment for the sum of $500 and the costs of this appeal. That the decree should be modified according to the findings as modified in this opinion.</p>