Daly v. Josslyn

Citations

• 7 Idaho 657
• 65 P. 442
• 1901 Ida. LEXIS 34

Syllabus

<p>Contract — Specific Performance — Personal Obligation. — A contract agreeing that the claimants to the water of a certain stream should own and use them equally, one-third each, and that a party thereto violating the same should pay the party injured the sum of $1,000, one of the parties sold the land to which his water right was appurtenant, to J., who did not assume the obligations of said contract. Held, that specific performance of said contract could not he decreed.</p> <p>Special Findings in Equity Case — Instructions to the Jury— Review on Appeal. — Where special findings are submitted to a jury, under instructions of the court, in an equity ease, the correctness of such instructions will not be reviewed upon appeal. Affirming Kelly v. Perrault, 5 Idaho, 221, 48 Pae. 45, affirmed.</p> <p>Evidence — Declarations of Owner in Possession. — Declarations made by the owner, while in possession, adversely to his title is admissible in evidence against himself, and those claiming under him.</p> <p>(Syllabus by the court.)</p>