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Cheney v. Jemmett

693 P.2d 1031 (1984)

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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

Issue

Holding and Reasoning (Donaldson, C.J.)

Concurrence (Bistline, J.)

Dissent (Bakes, J.)

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