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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.

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