Deeds v. Stephens

• Decision Date: 08 July 1904
• Citation: 10 Idaho 332,79 P. 77
• Parties: DEEDS v. STEPHENS
• Court: Idaho Supreme Court

79 P. 77

10 Idaho 332

DEEDS v. STEPHENS

Supreme Court of Idaho

July 8, 1904

PAROL LEASE OF REAL ESTATE-CONFLICT IN EVIDENCE.

1. Where there is a substantial conflict in the oral evidence the judgment of the court below will not be disturbed.

2. Where the specific performance of an oral contract to lease real estate for a term of more than one year is sought to be enforced, the parol agreement must be clearly proved to the satisfaction of the court.

(Syllabus by the court.)

APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge.

Action to enforce specific performance of an oral contract to lease real property for a term of ten years. Judgment for the respondent. Affirmed.

Judgment affirmed. Costs of this appeal awarded to respondent.

I. N Smith, for Appellant.

McFarland & McFarland, for Respondent.

SULLIVAN C. J., AILSHIE, J. Stockslager, J., Ailshie, J., and Sullivan, C. J., concur.

OPINION

SULLIVAN, C. J.

This action was originally brought by the respondent, Deeds, against the appellant Stephens, to obtain a perpetual injunction enjoining the appellant from interfering in any manner with what is designated as the addition of annex to the Grand Hotel in the city of Lewiston. The defendant answered, and by cross-complaint demanded certain affirmative relief. The respondent answered the cross-complaint denying an alleged agreement for a ten year lease of said Grand Hotel, and alleged an oral agreement for a lease which was not kept by appellant and which was rescinded by both parties and also pleaded the statute of frauds. Upon the issues as thus made, the case was tried upon the cross-complaint of appellant and the answer thereto, and at the close of cross-complaint's evidence, on motion of counsel for respondent, a non-suit was granted and judgment entered dismissing the case. From that judgment an appeal was taken to this court and a decision therein was handed down on June 11, 1902. (See 8 Idaho 514, 69 P. 534.) In that opinion the statement of facts is very full and complete and we shall not repeat them here. This court there held that the evidence of appellant in support of her cross-complaint made a prima facie case, and that the court erred in granting a nonsuit. The cause was remanded for a new trial. A new trial was had and the judgment of the court was in favor of the respondent Deeds. A motion for a new trial was denied and this appeal is from the judgment and order denying a new trial. The transcript contains four hundred and sixty-five pages, and one hundred and sixty-six printed pages of briefs have been filed in this case, and numerous questions are raised by the assignment of errors.

In our former decision of this case, we held that an oral agreement to lease real estate for a term exceeding one year might be enforced where the evidence shows part performance and that where the evidence discloses part performance by all the parties to the agreement it removes the bar of the statute of frauds and may be enforced in a court of equity, and that in a suit for specific performance any damages, properly pleaded and proved, should be assessed by the court. This court there held that the appellant's evidence on the first trial sustained the material allegations of her cross-complaint, at least so far as the contract to lease the Grand Hotel for a term of ten years was concerned, and counsel for appellant contends that that is the law of this case, and it is as the case stood at that time. But it must be kept in mind that the nonsuit was granted at the close of appellant's evidence and before the respondent had put in any evidence whatever. On the new trial, after the appellant had introduced her evidence and rested, the respondent then introduced her evidence, and from an examination of all the evidence in the case as it now stands, it will show a substantial conflict on the material issues made by the pleadings.

The evidence of appellant shows, among other things, that she entered into an agreement with the respondent for a contract to lease said Grand Hotel for a term of ten years at the monthly rental of $ 200 per month, to begin on the first day of January, 1902, and under and by the terms of said agreement, appellant was to execute a good and sufficient bond in the sum of $ 3,000, conditioned that the respondent would construct an annex to said hotel and have the same completed on or about June 1, 1901, and upon the completion thereof, would lease and let the same unto the appellant from the time of the completion thereof to January 1, 1902, at $ 45 per month, and would lease said entire hotel building to the appellant for a period of ten years from the first day of January, 1902, at the rate of $ 200 per month, payable in advance, and conditioned that the appellant would accept said building and pay the rent therefor as provided by the terms of said lease, and do, perform and keep all covenants agreed to be kept by her, and that the respondent agreed to accept as sureties on said bond F. H. Wood and E. T. Vernon. The evidence shows that said alleged agreement was entered into in November or December, 1900, and the transcript shows that said bond was not executed until the thirtieth day of September, 1901, and was served on counsel for the respondent on the second day of October, 1901, and was introduced on the first trial of this case as part of the evidence of the appellant, which trial occurred about the eighteenth day of October, 1901, and that said bond was executed by said Wood and Vernon. A bond for $ 1,000 executed by the same sureties and based on substantially the same conditions, was tendered to appellant by respondent on the second day of October, 1901, and introduced in evidence on the first trial of this case. This latter bond, I suppose, was for the purpose of meeting the contention of respondent in regard to the amount, time and conditions of the bond to be given under the alleged agreement, appellant contending that she was to give a bond of $ 3,000, to continue for three years, with Wood and Vernon as sureties, and respondent contending that she was to give a bond for $ 1,000, with good and sufficient sureties, conditioned that she would lease the hotel for a term of three years from January 1, 1902.

It appears from the evidence that Vernon and Wood acted as the agents for the appellant, and that one Isaman acted as the agent for the respondent,...