Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Holley v. Holley

Idaho Court of Appeals
915 P.2d 733 (1996)


When John Holley (defendant) and Joan Holley (plaintiff) divorced, they agreed that John would pay Joan $1,000 a month in alimony. Later John declared bankruptcy, and John and Joan entered a settlement under which John would pay Joan $10,000, plus interest, within five years. The settlement provided that, if John had not paid in full by June 1993, the original alimony obligations would control. John made monthly payments but did not remember the June 1993 deadline. After the deadline, John asked Joan for the current balance. Joan said that she would send it, but that the balance was only right if John had met the deadline. Joan also included late charges for some payments that John disputed. Nevertheless, John sent Joan a check for $750, stating on the memorandum line, “Paid in Full plus int. & late ch.” Joan crossed out the note and deposited the check. Joan later asked John for more money, and John refused. But Joan said John had missed the bankruptcy-settlement payment deadline, and she had not accepted his check in satisfaction of the debt. Joan then sued John, seeking the roughly $336,000 John would have owed under the original alimony agreement. The magistrate and the district court ruled in favor of Joan. John appealed.

Rule of Law


Holding and Reasoning (Walters, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial