Robison v. Compton
| Decision Date | 26 April 1976 |
| Docket Number | No. 11980,11980 |
| Citation | 549 P.2d 274,97 Idaho 615 |
| Parties | Lyle J. ROBISON and James Christiansen, Plaintiffs-Appellants, v. Dean COMPTON and Carol B. Compton, husband and wife, Defendants-Respondents. |
| Court | Idaho Supreme Court |
J. Kent Jolley, Jolley & Eames, Rexburg, for plaintiffs-appellants.
Herman E. Bedke, Nielson & Bedke, Burley, for defendants-respondents.
On August 9, 1973, plaintiffs-appellants Lyle J. Robison and James Christiansen executed an Earnest Money Agreement and tendered it to defendants-respondents Dean and Carol Compton, seeking to purchase some 4,000 acres of farmland from the respondents. Respondents signed the Agreement on August 17, 1973. Subsequently, a preliminary title report revealed that Rita Compton Bateman, the mother of Dean Compton, owned part of the property to be conveyed. Mrs. Bateman, however, refused to join in a conveyance and resondents were unable to convey the land to appellants. Appellants filed this action seeking damages and specific performance. of the Earnest Money Agreement. 1 After answering the complaint, respondents filed a motion for summary judgment; oral arguments together with written affidavits were presented to the district court on this motion.
The district court granted the motion, relying on this Court's decision in Luke v. Conrad, 96 Idaho 221, 526 P.2d 181 (1974). In Luke plaintiffs had sought to specifically enforce an Earnest Money Agreement after defendants refused to sign the revised draft of a land sales contract. Specific performance was denied on the ground that the Earnest Money Agreement was an incomplete statement of the terms of the sale. This Court in the Luke case held that the Ernest Money Agreement contemplated that a land sales contract would be entered into be the parties which would include further details of the financing and the conveyance. That holding was supported by the fact that such a land sales contract was prepared by the parties and an attempt was made by them to negotiate its terms. In addition, the following language from the agreement was quoted to support the Court's position:
In the case at bar, the district court ruled that identical language in the present Earnest Money Agreement makes the Agreement ineligible for specific performance. Reliance on this language alone, however, is inappropriate. As set forth above, the facts and circumstances of Luke indicated that a separate land sales contract was a prerequisite to the consummation of the...
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Sheppard v. Sheppard
...and Associates, Inc., 102 Idaho 613, 636 P.2d 168 (1981); Matter of Revello, 100 Idaho 829, 606 P.2d 933 (1979); Robison v. Compton, 97 Idaho 615, 549 P.2d 274 (1976); City of Weippe v. Yarno, 96 Idaho 319, 528 P.2d 201 (1974). We do not reach the merits of the district court's holdings of ......
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Walker v. Shoshone County
...Sims, 100 Idaho 390, 598 P.2d 538 (1979)Anderson & Nafziger v. G.T. Newcomb, Inc., 100 Idaho 175, 595 P.2d 709 (1979)Robison v. Compton, 97 Idaho 615, 549 P.2d 274 (1976)City of Weippe for Use and Benefit of Les Schwab Tire Centers of Idaho, Inc. v. Yarno, 96 Idaho 319, 528 P.2d 201 (1974)L......
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Mason v. Tucker and Associates
...Realty of Twin Falls, Inc.--Century 21 v. Larry J. Hellhake and Associates, Inc., 102 Idaho 613, 636 P.2d 168 (1981); Robison v. Compton, 97 Idaho 615, 549 P.2d 274 (1976); City of Weippe v. Yarno, 96 Idaho 319, 528 P.2d 201 (1974). Therefore, we will consider whether the summary judgment d......
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Gavica v. Hanson
...judgment was erroneous, this Court may nevertheless affirm the judgment on the basis of a correct theory. E. g., Robison v. Compton, 97 Idaho 615, 549 P.2d 274 (1976); City of Weippe v. Yarno, 96 Idaho 319, 528 P.2d 201 Respondents point out that the Idaho Tort Claims Act, which was enacted......