Category Archives: Hon. Joel D. Horton

A Real Estate Vendee’s Special Lien Securing the Amount Paid Toward the Purchase Price Does Not Secure Prejudgment Interest

Posted on April 13, 2012 by Wendy Couture

Case: Benz v. D.L. Evans Bank, Docket No. 37814 Court: Supreme Court of Idaho Date Issued: January 25, 2012 Judge: Opinion Author:  J. Eismann Concurring in Opinion:  Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Does … Continue reading →

Posted in Hon. Joel D. Horton, OPINION AUTHOR, PROPERTY SECURITY, Scott Lindstrom, SUMMARY AUTHOR, Vendee's Special Lien, Vendee's Special Lien | 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

Evidence of Construction Defects Is Relevant in a Lien Foreclosure Proceeding

Posted on August 22, 2011 by Wendy Couture

Case: Perception Construction Management, Inc. v. Bell, Docket No. 36955 Court: Idaho Supreme Court Date Issued: June 29, 2011 Judges: Opinion Author:  Horton, Justice Concurring:  Eismann, Chief Justice; Burdick, Justice; and W. Jones, Justice Specially Concurring:  J. Jones, Justice Issue: … Continue reading →

Posted in Construction Liens, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Jeff Butler, OPINION AUTHOR, SUMMARY AUTHOR | 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

A Death Caused By Natural Causes That A Hospital Negligently Failed To Treat Is Not An “Accidental Death” Within The Scope of An AD&D Policy

Posted on June 21, 2011 by Wendy Couture

Case: Dumoulin v. CUNA Mutual Group, Docket No. 36828 Court: Supreme Court of Idaho Date Issued: March 16, 2011 Justices: Opinion Author:  Horton, Justice Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice, J. Jones, Justice; W. Jones, Justice Issue: Whether … Continue reading →

Posted in AD&D Policy Coverage, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, INSURANCE, Jane Gordon, OPINION AUTHOR | 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