[DOWNLOAD] "Bob Daniels and Sons v. William H. Weaver" by Court of Appeals of Idaho No. 14422 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bob Daniels and Sons v. William H. Weaver
- Author : Court of Appeals of Idaho No. 14422
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Few things are as certain as death, taxes and the legal entanglement that follows a sale of landlocked real estate. This case focuses upon such a sale. The property in question, part of a larger tract owned by Bob Daniels and Sons, was sold to William and Vicki Weaver under an installment contract. The property had no access of record, and the contract was silent regarding access. After paying two annual installments, the buyers directed an escrow agent not to deliver a third payment to the sellers until access had been furnished through the sellers' remaining land. The sellers sued for breach of contract. The buyers counterclaimed for access upon the alternate theories that the parties orally had agreed upon an easement across the sellers' land, or that such an easement should be implied in law. The district court, in a summary judgment, held that the buyers had not breached the contract and that they were entitled to an implied easement. The sellers have appealed. We are asked to decide (1) whether the buyers could impose, as a condition of delivering payment, a demand that the sellers perform a duty not required by the installment contract; (2) whether the buyers have made a factual showing sufficient to create a genuine issue concerning existence of an oral agreement; and (3) whether the record is adequate to determine that the requirements for an implied easement have been met. For reasons explained below, we answer each question in the negative. Accordingly, we reverse the summary judgment and remand for further proceedings.