(Download) "Matilda Southern v. James W. Southern and" by Supreme Court of Idaho No. 10037 * Book PDF Kindle ePub Free

eBook details

Title: Matilda Southern v. James W. Southern and
Author : Supreme Court of Idaho No. 10037
Release Date : January 28, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Plaintiff (respondent) brought this action to recover possession of certain real property. Defendants (appellants) by counterclaim sought specific performance of an option to purchase the property. Upon plaintiff's motion the trial court entered summary judgment dismissing the counterclaim with prejudice. Defendants brought this appeal from that judgment. Defendants James Southern (a son of plaintiff Matilda Southern) and his wife Ruby Southern had lived upon and farmed the land belonging to plaintiff for about fifteen years. In March, 1965, plaintiff appointed her daughter Mary Johnson attorney-in-fact to act on her behalf in certain transactions, including leasing and selling of her real property. March 31, 1965, through her attorney-in-fact plaintiff entered into a written lease whereby the property was leased to defendants James and Ruby Southern for a term commencing March 31, 1965, and ending March 1, 1966, at a rental of $1332.00. The lease granted to defendants Southern an exclusive option to purchase the property ""at any time up to and prior to November 1, 1965,"" for the sum of $15,000.00 on terms therein provided, and requiring that ""to exercise said option the lessees must give to the lessor in writing, a notice that the lessees exercise such option * * *.""