Fuller v. DAVE CALLISTER
150 Idaho 848
Idaho2011Background
- CM entered into a 9/20/2005 Commercial/Investment Real Estate Purchase and Sale Agreement with the Fullers for ~12.73 acres in Meridian, Idaho.
- Addendum #1 (9/20/2005) required CM to deed right-of-way proceeds to ACHD and to allow Fullers to negotiate the amount with ACHD.
- On 9/22/2005 CM assigned the Purchase Agreement to LP with Fullers’ consent, and Fullers conveyed the property to LP via warranty deed that did not reference Addendum #1.
- LP later sold ~1.43 acres to ACHD for $83,921; Fullers sought those funds under Addendum #1 but LP refused.
- Fullers sued CM, LP, and Callister (9/2008); district court granted partial summary judgment (8/24/2009) merging the contract into the warranty deed and novating CM to LP; judgment followed (9/28/2009).
- This appeal challenges merger, novation, and attorney-fee rulings; the court remands for proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Purchase Agreement and Addendum #1 merge into the warranty deed? | Fullers | Respondents | Not merged; Addendum #1 survives governing the ACHD proceeds. |
| Did the CM→LP assignment constitute novation and remove CM's obligations? | Fullers | LP/CM | No clear novation; CM liable; remand for trial. |
| Should Respondents receive attorney fees on appeal under contract or statute? | Fullers | Respondents | Moot; appeal remand on fees to trial court; not decided here. |
Key Cases Cited
- Jolley v. Idaho Securities, Inc., 90 Idaho 373 (1966) (merger doctrine; collateral stipulations may survive deed)
- Sells v. Robinson, 141 Idaho 767 (2005) (REPSA terms may merge if unrelated to deed; timber rights case)
- Castorena v. General Electric, 149 Idaho 609 (2010) (summary judgment standard; review of orders)
- Harwood v. Talbert, 136 Idaho 672 (2001) (summary judgment; non-moving party protections)
- First Nat'l Bank in Evanston v. Sims, 78 Idaho 286 (1956) (novation requires assent; release of original debtor only with creditor consent)
- McGovern Builders, Inc. v. Davis, 12 Ohio App.3d 153 (1983) (consideration not merged into deed; non-merger of price terms)