Gumaer v. White Pine Lumber Co.

Citations

• 11 Idaho 591
• 83 P. 771
• 1905 Ida. LEXIS 90

Syllabus

<p>Contract to Purchase Beal Estate — Bights of Parties to Sell Timber Under Contracts to Purchase — Sufficiency of Evidence to Sustain Verdict — Bequest to Instruct Jury Will Only be Eeversed When.</p> <p>1. Contracts to purchase real estate must be in writing and only convey such rights as are shown by the contract.</p> <p>2. A party accepting a contract to purchase real estate that provides that no timber shall be cut or removed from the ground until the contract has been complied with in its entirety, has no power or right to sell the timber growing on the land, with permission to remove the same, until the contract is fully completed.</p> <p>3. Where the evidence is sufficient to support the verdict oi there is a material or substantial conflict in the evidence, the judgment will not be reversed.</p> <p>4. Where it is shown that the trial court refused to give requests to charge the jury on certain issues, and the record does not show the instructions given by the court on its own motion, this court cannot determine whether there was error in such refusal, as it is presumed the court fully and fairly instructs on all the issues involved.</p> <p>(Syllabus by the court.)</p>