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Cheney v. Jemmett

Idaho Supreme Court
693 P.2d 1031 (1984)


Facts

On February 10, 1977, Ernest Cheney (Cheney) (plaintiff) entered into a contract with Blaine and Nita Jemmett (Jemmett) (defendant) for the sale of property. The agreement contained an anti-assignment clause unless Cheney consented to the assignment. A few months later, Jemmett sought approval for assignment of Jemmett’s interest to Douglas Honn (Honn). Cheney refused. As a result, Jemmett drafted a rental agreement that Jemmett and Honn signed. Cheney sued stating that Jemmett was in violation of the anti-assignment clause. The trial court granted Jemmett’s motion for dismissal stating that Cheney acted arbitrarily in denying his consent to the assignment. Cheney appealed.

Rule of Law

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Issue

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Holding and Reasoning (Donaldson, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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Concurrence (Bistline, J.)

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Dissent (Bakes, J.)

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