Category Archives: CONTRACTS

A Stock Redemption Agreement That Violates A Statutory Restriction on Source of Funds Is Illegal and Unenforceable

Posted on December 4, 2011 by Wendy Couture

Case: Taylor v. AIA Services Corp., Docket No. 36916       Court: Idaho Supreme Court Date Issued:    September 7, 2011 Justices: Opinion Author:  Burdick, Chief Justice Concurring in Opinion:  Eismann, Justice; Trout, Justice Pro Tem; Hosack, Justice Pro Tem Concurring and Specially … Continue reading →

Posted in CONTRACTS, CORPORATE GOVERNANCE, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, Illegality, OPINION AUTHOR, Public Policy, Stock Redemption Agreements, SUMMARY AUTHOR, Wendy Couture | Comments Off

The Party Challenging the Enforceability of a Liquidated Damages Provision Bears the Burden of Proving That It Bears No Reasonable Relation to Actual Damages

Posted on December 3, 2011 by Wendy Couture

Case: Schroeder v. Partin, Docket No. 37228         Court: Idaho Supreme Court Date Issued:    August 4, 2011 Justices: Opinion Author:  Horton, Justice Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; J. Jones, Justice; W. Jones, Justice Issue: When the enforceability of … Continue reading →

Posted in CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Liquidated Damages, OPINION AUTHOR, SUMMARY AUTHOR, Wendy Couture | Comments Off

A Purchase Agreement Provision Providing for the Transfer of Subsequent Proceeds Does Not Merge Into A Warranty Deed

Posted on July 6, 2011 by Wendy Couture

Case: Fuller v. Callister, Docket No. 37035 Court: Supreme Court of Idaho Date Issued:   May 6, 2011 Justices: Opinion Author: R. Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice Issue:  Whether a purchase agreement provision … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, Jeff Street, LAND SALES, Merger | Comments Off

A Purchaser is Not Unjustly Enriched If It Pays a Lower Price for Property Subject to Restrictive Covenants and Then Sells The Property for a Profit to Another Purchaser Who Can Condemn the Covenants

Posted on July 6, 2011 by Wendy Couture

Case: Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410          Court: Supreme Court of Idaho Date Issued:    March 18, 2011 Judge: Opinion Author:  Justice Joel D. Horton Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; … Continue reading →

Posted in CONTRACTS, Eminent Domain, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Luke Howarth, Restrictive Covenants, Unjust Enrichment | Comments Off

The Conveyance of Property Burdened by Restrictive Covenants, with Knowledge that Subsequent Purchasers Intend to Exercise Eminent Domain to Condemn the Covenants, Does Not Breach the Covenants

Posted on July 6, 2011 by Wendy Couture

Case: Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410          Court: Supreme Court of Idaho Date Issued:    March 18, 2011 Judge: Opinion Author:  Justice Joel D. Horton Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; … Continue reading →

Posted in Aaron Hooper, CONTRACTS, Eminent Domain, Good Faith & Fair Dealing, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Restrictive Covenants | Comments Off

Recovery for Unjust Enrichment Is Barred When An Enforceable Express Contract Covers the Same Subject Matter

Posted on June 24, 2011 by Wendy Couture

Case:              Thomas v. Thomas, Docket No. 36857 Court: Supreme Court of Idaho Date Issued: February 2011 Judge: Opinion Author:  W. Jones, Justice Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; Horton, Justice Issue:  Whether an unjust enrichment … Continue reading →

Posted in CONTRACTS, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Scott Lindstrom, SUMMARY AUTHOR, Unjust Enrichment | Comments Off

Absent “Actual Evidence” of Forgery or That A Contract Was Signed On A Date Other Than That Stated, There Is Insufficient Evidence to Create A Genuine Issue of Fact About Whether or When A Contract Was Signed

Posted on June 24, 2011 by Wendy Couture

Case:              Thomas v. Thomas, Docket No. 36857 Court: Supreme Court of Idaho Date Issued: February 2011 Judge: Opinion Author:  W. Jones, Justice Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; Horton, Justice Issue:  When is there sufficient … Continue reading →

Posted in Execution, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, Scott Lindstrom, Unjust Enrichment | Comments Off

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading →

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Annexation of Property Is A Material Alteration, Which Supports An Award of Specific Performance to the Vendor in a Land Sale Contract

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Idaho Supreme Court Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is an … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

Even If the Buyer Has Been Unable to Obtain Financing At the Time of Decision, An Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Abuse of Discretion

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

An Insurance Policy Entered Into By An Individual Who Has Been Adjudicated to Be Incapacitated Is Void

Posted on June 17, 2011 by Wendy Couture

Case: Rogers v. Household Life Insurance Co., Docket No. 36746 Court: Supreme Court of Idaho Date Issued: March 18, 2011 Justices: Opinion Author: Horton, Justice Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice Issue: … Continue reading →

Posted in Brian Schlect, CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Incapacity, Incapacity, INSURANCE, Term Life Insurance | Comments Off

A Mere Assignment of a Purchase Agreement, Without a Novation, Does Not Relieve the Assignor of Its Obligations Under The Agreement

Posted on June 16, 2011 by Wendy Couture

Case: Fuller v. Callister, Docket No. 37035 Court: Supreme Court of Idaho Date Issued:    May 6, 2011 Justices: Opinion Author: R. Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice Issue: Whether the assignment of a … Continue reading →

Posted in Assignment, Assignment, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Novation, Novation, Van Lityouvong | Comments Off

A Change in Idaho’s Public Policy Can Invalidate a Preexisting Contractual Provision Only If The Policy Protects The “Public Good”

Posted on February 23, 2011 by Wendy Couture

Case: Hill v. Am. Family Mut. Ins. Co., Case No. 36311     Court: Supreme Court of Idaho Date Issued:    January 5, 2011 Judges: Opinion Author:  W. Jones, Justice Concurring in Opinion:  Burdick, Justice; J. Jones, Justice Dissenting Opinion Author:  Eismann, Chief … Continue reading →

Posted in CONTRACTS, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, Public Policy, Public Policy, UIM Policy Coverage, Wendy Couture | Comments Off

Claims Based on the Establishment of an Account Are Outside the Scope of an Attorney Fee Provision for Claims Based on the “Handling” of an Account

Posted on February 11, 2011 by Wendy Couture

Case: Wattenbarger v. A.G. Edwards & Sons, Inc., Case No. 36245           Court: Supreme Court of Idaho Title of Opinion: Substitute Opinion (withdrawing the Court’s previous opinion filed June 28, 2010) Date Issued:    December 23, 2010 Justices: Opinion Author:  Justice Jim … Continue reading →

Posted in Attorney Fee Provision, CONTRACTS, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Wendy Couture | Comments Off