[Download] "Deatley Corporation v. Ralph Otto Et Al." by Supreme Court of Idaho No. 11247 " Book PDF Kindle ePub Free
eBook details
- Title: Deatley Corporation v. Ralph Otto Et Al.
- Author : Supreme Court of Idaho No. 11247
- Release Date : January 24, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from a judgment entered December 8, 1972, in a breach of contract and mortgage foreclosure action brought by respondent DeAtley Corporation against appellants Ralph Otto and Milan and Darlene Norden, husband and wife. On March 7, 1966, plaintiff-respondent DeAtley Corporation, entered into a written contract with defendant appellant Ralph Otto to extract and crush an initial 35,000 cubic yards of rock on Goat Island located in the Clearwater River near Lewiston, Idaho. Otto and Milan Norden apparently owned the island as tenants in common. The terms of the contract provided that Otto would pay DeAtley $1.20 per cubic yard of rock crushed, payment to be made as the rock was sold by Otto, but in any event no later than three years from the date of completion of the crushing of the original quantity under this contract. Interest was to accrue at the rate of 6% per annum from date of completion of the crushing of the rock under this contract until paid. As security for the payment of the amounts due under the contract, Otto executed a mortgage on the island in favor of DeAtley. Milan Norden, co-owner of the island, executed his written consent to the contract and joined in the execution of the mortgage.