70 P. 1055 | Idaho | 1902
— This action was commenced by the respondent, as plaintiff in the court below, to obtain a judgment for the specific performance of the contract of sale and bond for a deed, executed by the appellant Wells to said respondent on the twenty-seventh day of March, 1901, wherein said appellant Wells undertook and agreed, for and in consideration
The appellants specify twenty-four errors of law occurring during the trial, ten of which relate to the admission of evidence offered on behalf of the respondent at the trial; the remaining fourteen of which relate to the action of the court in making its findings of fact and conclusions of law. We have carefully examined the evidence in this case, and are of the opinion that the findings are supported by the evidence, and are within the issues made by the pleadings, and support the judgment* We deem it unnecessary to consider seriatim all of the objections of appellants to the introduction of evidence and the assignments of error based thereon. Many of the questions raised by counsel and urged with much force and learning become immaterial, in our opinion, under our construction of the contract. No clause of forfeiture was contained in the bond for a deed. Time was not made of the essence of the contract. There is nothing whatever in the contract itself which shows that it was intended that time should be of the essence of the contract. It therefore becomes immaterial
Hnder the law, as well as rules of equity, the judgment in this ease does substantial justice between the parties, and, no reversible error appearing in the record, said judgment should be, and the same is, affirmed. Costs awarded to respondent.