The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20
DECISION ON CONTRACTS
JUDGMENT MODIFIED IN CASE
oPiHisa II SasiiSs stssksias=r iisIds THAT
ssaihsT fsgiy a. shs Assisa csnpIie.i
VIVA the TsFsas % csRtsa~t saaa On
aAd shssid be Placed ia saass oas.


HFistsn by Justice stockslagsr. con.
eaFred Ia By Chief Justice Sullivan
and Justice AiIshis. mOdllisd the
Judgment 81 Judge George II. Stewart
IA the case u o. w. Smith, plaintiff
add appellant. versus John KrnIl,
Moniis Is. GwinB and Della Bwinn,
placing tbs parties 10 the suit a.
nsafly IL stata quo ~ possible, says
tbs Idaho Statesman.
IN April :. 1900, saith agreed TO
paFchase from kEall through ". i.
Walker, the lstief's agent, tao lots
10 tsoiss for the sam u ESQ. paying
$3.50 down and giving tso prosnissory
notes ~ $3.50 each doe ia cue aud
tSo yesrs for the balance. Il was
agreei thai Grail should within -four
nonths ait@F the execution q the
agfrsment Hemose certain balldlnes
from The ioss In question aad that
Saith Sas 20 erect on the property
Residences 10 cod not less ihan $4,000
and pay eli tasss co the property.
hfall DID not more the baildInRs
antii Jaiy. 1901. and Smith declined
20 pay The noa~s because q KrnlI's
negiecs 10 conply With that portion
q Tbs agF~sment wiik ruspeul 10 tia
eaildIawa. b. reason q which be wns
psvsssisd fFun patling ap The resi-
dsacs.
10 APFii. 1904. kTAlI sold and
eonEsyed The iois Ia qasGtion Co Della
Uuinn. Fv,nruing the unpaid notss 70
SAITH ~itb notice that the latter hnd
forfeited bic right under The contract
~ rstasal 10 psY the nossa
kEail, IL spt-@fs fr0m the record.
elsias~d 10 have 90 r~collecsion a
The claass - the contract providing
for The Ev@osai oi tho halldinea.
Tbs reeord further showed that
kFall iGDos~d rsF@aisd requests from
Saith 70 S~Doss The buildings prior
10 Jelly. 1901
TIE opintun costisass
Il u disciu-~d by the record that
psithsT party 10 this Transaction acted
la god tAith toward the other.
rs-poDdeut Insisting on appellant
pAyine The nosss With Interest When
due. notwithstanding b. bad failed TO |
oomply uith the clsass Ia the con.
isnrs soF The removal % the batldings.
oa The other band. appellant ss~ks /
Ia constitnts himself The arbitrator /
IL tbs shortcomings 81 respondent |
and Fsfuuss 60 psy the notes uith The
iptsFesl ~ provided fer 10 the nosee |
and contract. The tuo contracts arr |
Dot ditsicult u construction Appel.
LIANT agreed 10 pay . hKed considsra.
tloB TOT tbis property and paid tis0
at the time of the execution and |
delivery of the eoutFscs and notes.
and alec agreed 10 pay all taxes that
mighs 10 assessed against the property /
until be got the deed This be did.
bnt because Respondent kTalI did
not remove the buildings a. per bic |
agreement, appellant reiases.to com
ply with his contract, and ouly pro-.
popes 60 pay~soch amount on the notes !
a. IN his Judgment be should pay. |
Tbus ne ind them contsnding up
until after the second note fell due.
and soOD thereafter. Respondent Krall
says after making another demand 4
for payment from appellant, and
haing refused be- executed the deed TO
Della Guinp.
II Mr.. krall was here asking the |
court Co assist him in requiring the
plaintiff Smith to comply with the
contract. the authorities cited by
appellant would apply. aud We Ger
tainly would say TO him The trial
court BY Ste findings says you have
also violated the contract, and hence
cannot he heard Go complain here,
aud you must flrst make the plaintiff
whole Iva any damage be may have
SUSTAINED by reason u your failure
In the performance Of your contract. "
IN this case Mr.. krall IL not in
court asking any assistance from IL
he stands on his contract aud insists
that he only did ~ the contract
authorized him 10 do when he cold
the lots 60 Della UNinn; thls fact IL
conceded by appellant He admits
that be never made = tender TO re.
spundent until after he knew the lots
had been sold and conveyed 60 an.
other party. In equity tho patty
asking relief must come into court
with clean hands and good faith, aud
~ We view Il neither party 10 this
contract would have any standing In
court asking lie assistance In the en-.
forcemeut Of this contract. We can.
not refrain, however, from saying
that GOOD faith aud honest dealing