Geerhart v. Federal Land & Securities Co.

• Decision Date: 23 February 1922
• Citation: 35 Idaho 137,204 P. 1072
• Court: Idaho Supreme Court
• Parties: C. S. GEERHART, Respondent, v. THE FEDERAL LAND & SECURITIES COMPANY, a Corporation, Appellant

204 P. 1072

35 Idaho 137

C. S. GEERHART, Respondent, v. THE FEDERAL LAND & SECURITIES COMPANY, a Corporation, Appellant

Supreme Court of Idaho

February 23, 1922

CONTRACT FOR BENEFIT OF THIRD PERSON-SUFFICIENCY OF EVIDENCE.

Evidence in this case held not sufficient to sustain the judgment.

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon Charles F. Reddoch, Judge.

Action for debt. Judgment for plaintiff. Reversed.

Judgment reversed, with costs to appellant.

James R. Bothwell and W. Orr Chapman, for Appellant.

T. S Risser, for Respondent.

Counsel cite no authorities on point decided.

MCCARTHY J. Dunn and Lee, JJ., concur.

OPINION

MCCARTHY, J.

In April, 1918, respondent took possession of 80 acres of land belonging to appellant, under a written contract by which the land was leased to him until December 1, 1918, for a rental of $ 1,450, payable $ 725 on or before November 1, and $ 725 on or before December 1, 1918. The contract further provided that, in the event respondent promptly paid the rent when due, and also the taxes, water maintenance, levies, and all other assessments against the property for the year 1918, then $ 1,000 of the rent so paid, was to be applied as the initial payment on a contract of sale of the land to him for $ 10,000, and the rest was to be applied as payment of interest up to December 1, 1918, on the contract of sale, the balance due on said contract to be divided into nine equal payments of $ 1,000 each. The contract further provided: "It is further understood and agreed that the foregoing paragraph in this lease is to be construed as an option to purchase only in the event that the payment of the rent and aforementioned assessments under this lease are made immediately and when due, and failure or default or neglect to pay the same immediately and when due, shall render the foregoing paragraph null and void to the same effect as if it had been omitted from these presents and lease, and no assignment, sale, or transfer of the equity of the party of the second part in this lease or the above paragraph is to be made without the written consent of the party of the first part."

Respondent farmed the land that season, and made certain of the payments called for by the contract, but failed to make certain others, including the $ 725 payment due November 1st Respondent alleges in his complaint that appellant extended the time to make the payments, as to which he was in default, and that about November 10th, with the consent of appellant, he resold the land to one Harrell for $ 10,500, "$ 500 dollars of which sum the said Lee Harrell paid at the time,...