Cheney v. Jemmett
Idaho Supreme Court
693 P.2d 1031 (1984)
Relevant factsFree
Ernest Cheney (plaintiff) sold property to Blaine and Nita Jemmett (defendant) under a contract with an anti-assignment clause requiring Cheney's consent to any assignment. When Jemmett sought to assign the interest to Douglas Honn, Cheney refused without explanation; Jemmett instead drafted a separate rental agreement with Honn. Cheney sued for violation of the anti-assignment clause, and the trial court dismissed, finding Cheney had acted arbitrarily in withholding consent.
IssueFree
Whether a seller who must approve a buyer's proposed assignment under a contract must act reasonably and in good faith in withholding that consent.