Category Archives: Hon. Roger S. Burdick

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

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

If a Shareholder Vote is Required to Authorize the Use of Capital Surplus to Redeem Stock, the Authorization Must Be Explicit

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 CORPORATE GOVERNANCE, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Shareholder Approval, SUMMARY AUTHOR, Wendy Couture | Comments Off

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

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

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

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

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

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

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

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