part performance doctrine (Idaho) · Go Syfert
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part performance doctrine in Idaho

17 Idaho opinions name it 1 courts 1982–2023 2 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Bear Island Water Ass'n, Inc. v. Browngreen
idaho · 1994 · cited in 11 Idaho opinions naming this issue, 2000–2023
2 sentences

2023“The doctrine of part performance provides that when the parties to an agreement fail to reduce the agreement to writing, or otherwise fail to satisfy the [S]tatute of [F]rauds, the agreement ‘may nevertheless be specifically enforced when the purchaser [or lessee] has partly performed the agreement.’ ” Chapin v. Linden, 144 Idaho 393, 396 , 162 P.3d 773 , 775 (2007) (alterations added) (quoting Bear Island Water Ass’n, Inc. v. Brown, 125 Idaho 717, 722 , 874 P.2d 528, 533 (1994)).

2023“The doctrine of part performance provides that when the parties to an agreement fail to reduce the agreement to writing, or otherwise fail to satisfy the [S]tatute of [F]rauds, the agreement ‘may nevertheless be specifically enforced when the purchaser [or lessee] has partly performed the agreement.’ ” Chapin v. Linden, 144 Idaho 393, 396 , 162 P.3d 773 , 775 (2007) (alterations added) (quoting Bear Island Water Ass’n, Inc. v. Brown, 125 Idaho 717, 722 , 874 P.2d 528, 533 (1994)).

1011
Chapin v. Lindengreen
idaho · 2007 · cited in 3 Idaho opinions naming this issue, 2008–2023
2 sentences

2023“The doctrine of part performance provides that when the parties to an agreement fail to reduce the agreement to writing, or otherwise fail to satisfy the [S]tatute of [F]rauds, the agreement ‘may nevertheless be specifically enforced when the purchaser [or lessee] has partly performed the agreement.’ ” Chapin v. Linden, 144 Idaho 393, 396 , 162 P.3d 773 , 775 (2007) (alterations added) (quoting Bear Island Water Ass’n, Inc. v. Brown, 125 Idaho 717, 722 , 874 P.2d 528, 533 (1994)).

2017In their verified complaint, Plaintiffs alleged that CDA Placer had sold to neighbors “a portion of the property used by Plaintiffs.” “Like any contract for the sale of land, an oral agreement ‘must be complete, definite, and certain in all its terms, or contain provisions which are capable in themselves of being reduced to certainty,’ before it will be specifically enforced by operation of the doctrine of part performance.” Chapin v. Linden, 144 Idaho 393, 396 , 162 P.3d 772, 775 (2007).

23
Bauchman-Kingston Partnership v. Haroldsengreen
idaho · 2008 · cited in 2 Idaho opinions naming this issue, 2019–2019
2 sentences

2019Bauchman-Kingston P'ship, LP v. Haroldsen, 149 Idaho 87 , 92, 233 P.3d 18 , 23 (2008).

2019Bauchman-Kingston P'ship, LP v. Haroldsen, 149 Idaho 87 , 92, 233 P.3d 18 , 23 (2008).

12
Dante v. Golasgreen
idahoctapp · 1992 · cited in 1 Idaho opinions naming this issue, 2023–2023
2 sentences

2023See Dante v. Golas, 121 Idaho 149, 152 , 823 P.2d 183, 186 (Ct. App. 1992). 8 Here, 616 argues that the APA (and the incorporated Asset List) evidences the complete agreement necessary to both form a valid lease contract, and sufficiently memorialize that contract in writing.

2023See Dante v. Golas, 121 Idaho 149, 152 , 823 P.2d 183, 186 (Ct. App. 1992). 8 Here, 616 argues that the APA (and the incorporated Asset List) evidences the complete agreement necessary to both form a valid lease contract, and sufficiently memorialize that contract in writing.

11
Mikesell v. Newworld Development Corp.green
idahoctapp · 1992 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

11
Frantz v. Parkegreen
idahoctapp · 1986 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

11
Nicholson v. Coeur D'Alene Placer Mining Corp.green
idaho · 2017 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

2021See Nicholson, 161 Idaho at 882 , 392 P.3d at 1223 (holding an oral right of first refusal was too vague to be enforced); see Mikesell, 122 Idaho at 874 , 840 P.2d at 1096 (imputing the doctrine of part performance to a seller’s successor in title); see Franz, 111 Idaho at 1006 , 729 P.2d at 1069 (analyzing the enforceability of an oral non-compete agreement between an employer and former employee by applying the doctrine of part performance).

11
Tew v. Manwaringgreen
idaho · 1971 · cited in 1 Idaho opinions naming this issue, 1982–1982
2 sentences

1982See Tew v. Manwaring, 94 Idaho 50 , 480 P.2d 896 (1971).

1982See Tew v. Manwaring, 94 Idaho 50 , 480 P.2d 896 (1971).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Simons v. Simons green
idaho · 2000
2 sentences

2016Id.

2016Id.

32016–2016
La Bella Vita v. Amanda Shuler green
idaho · 2015
2 sentences

2018The Lees' failure to address the district court's application of the merger doctrine is fatal because operation of the merger doctrine was an independent ground for the district court's grant of summary judgment on the easement claim. "[T]he fact that one of the grounds may be in error is of no consequence and may be disregarded if the judgment can be sustained upon one of the other grounds." La Bella Vita, LLC v. Shuler , 158 Idaho 799 , 806, 353 P.3d 420 , 427 (2015) (quoting Andersen v. Prof'l Escrow Servs., Inc. , 141 Idaho 743 , 746, 118 P.3d 75 , 78 (2005) ).

2018The Lees' failure to address the district court's application of the merger doctrine is fatal because operation of the merger doctrine was an independent ground for the district court's grant of summary judgment on the easement claim. "[T]he fact that one of the grounds may be in error is of no consequence and may be disregarded if the judgment can be sustained upon one of the other grounds." La Bella Vita, LLC v. Shuler , 158 Idaho 799 , 806, 353 P.3d 420 , 427 (2015) (quoting Andersen v. Prof'l Escrow Servs., Inc. , 141 Idaho 743 , 746, 118 P.3d 75 , 78 (2005) ).

12018–2018
Andersen v. Professional Escrow Services, Inc. green
idaho · 2005
2 sentences

2018The Lees' failure to address the district court's application of the merger doctrine is fatal because operation of the merger doctrine was an independent ground for the district court's grant of summary judgment on the easement claim. "[T]he fact that one of the grounds may be in error is of no consequence and may be disregarded if the judgment can be sustained upon one of the other grounds." La Bella Vita, LLC v. Shuler , 158 Idaho 799 , 806, 353 P.3d 420 , 427 (2015) (quoting Andersen v. Prof'l Escrow Servs., Inc. , 141 Idaho 743 , 746, 118 P.3d 75 , 78 (2005) ).

2018The Lees' failure to address the district court's application of the merger doctrine is fatal because operation of the merger doctrine was an independent ground for the district court's grant of summary judgment on the easement claim. "[T]he fact that one of the grounds may be in error is of no consequence and may be disregarded if the judgment can be sustained upon one of the other grounds." La Bella Vita, LLC v. Shuler , 158 Idaho 799 , 806, 353 P.3d 420 , 427 (2015) (quoting Andersen v. Prof'l Escrow Servs., Inc. , 141 Idaho 743 , 746, 118 P.3d 75 , 78 (2005) ).

12018–2018
Lettunich v. Key Bank National Ass'n green
idaho · 2005
2 sentences

2007Lettunich, 141 Idaho at 367 , 109 P.3d at 1109 (citing Bear Island Water Ass’n, Inc., 125 Idaho at 723, 874 P.2d at 534 ).

2007Lettunich, 141 Idaho at 367 , 109 P.3d at 1109 (citing Bear Island Water Ass’n, Inc., 125 Idaho at 723, 874 P.2d at 534 ).

12007–2007
Reynolds Irrigation Dist. v. Sproat green
idaho · 1950
1 sentence

1994Id.

11994–1994
Downing v. Boehringer green
idaho · 1960
2 sentences

1983Although the legal rationale for these cases is not always stated in them, or may be stated in different terms (as: not a “conveyance of land,” thus not within the statute of frauds, see Downing v. Boehringer, 82 Idaho 52 , 349 P.2d 306 (1960)), they are most likely a branch of the part performance exception to the statute of frauds.

1983Although the legal rationale for these cases is not always stated in them, or may be stated in different terms (as: not a “conveyance of land,” thus not within the statute of frauds, see Downing v. Boehringer, 82 Idaho 52 , 349 P.2d 306 (1960)), they are most likely a branch of the part performance exception to the statute of frauds.

11983–1983
Hoffman v. SV Co., Inc. green
idaho · 1981
2 sentences

1982This unquestionably constitutes part performance sufficient to take the contract out of the statute of frauds. 4 “[S]atisfaction of the doctrine of part performance [will] entitle [performing parties] to specific performance.” Hoffman, supra, 102 Idaho at 222 , 628 P.2d at 222 .

1982This unquestionably constitutes part performance sufficient to take the contract out of the statute of frauds. 4 “[S]atisfaction of the doctrine of part performance [will] entitle [performing parties] to specific performance.” Hoffman, supra, 102 Idaho at 222 , 628 P.2d at 222 .

11982–1982

Statutes the citing opinions construe

ID § Idaho Code § 9-504 (10) ID § Idaho Code § 9-503 (9) ID § Idaho Code § 12-120 (8) ID § Idaho Code § 9-505 (6) ID § Idaho Code § 12-121 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 55 (1951–2025) WA 23 (1925–2022) CT 20 (1981–2014) OH 19 (1981–2025) AL 18 (1942–2011) ID 17 (1982–2023) IN 16 (1892–2025) UT 13 (1977–2022) ME 12 (2004–2020) MO 11 (1891–2025) AZ 11 (1977–2025) FL 9 (1974–2024) MI 9 (1917–2023) MD 9 (1939–1998) IL 8 (1986–2025) CA 8 (1930–2024) ND 7 (1903–2021) CO 7 (1983–2005) MN 6 (1909–2016) SC 6 (1984–2022) PA 6 (1982–2026) TN 6 (1983–2011) OR 6 (1975–2008) WI 5 (1945–2024) RI 5 (1991–2011) TX 5 (1967–2015) IA 5 (1939–2014) NC 5 (1920–2010) WY 4 (1993–2012) VA 4 (1851–2005) MT 3 (1926–2017) SD 3 (1912–2018) NJ 3 (1986–2013) DC 3 (1984–1998) NH 3 (2008–2017) DE 3 (1975–2019) VT 3 (1986–2015) GA 2 (2019–2022) KS 2 (1930–2018) KY 2 (1935–1947) NV 2 (1985–2018) NM 2 (2010–2021) VI 2 (1977–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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