Tandy & Wood, Inc. v. Munnell
Tandy & Wood, Inc. v. Munnell
Opinion of the Court
The sole issue presented in this case is whether the District Judge below correctly quashed the service of summons in the grounds the courts in Idaho have no personal jurisdiction over defendant-respondent William Munnell.
Tandy & Wood, Inc., an Idaho Corporation, brought this action against Munnell, doing business as M & M Cattle Company for damages resulting from a breach of an alleged real estate broker’s employment contract. Munnell, a resident of California, owns a tract of land in Jefferson County in Idaho. Tandy & Wood alleged in its complaint that Munnell, through his agent, one Bill Clevenger, entered into a contract with it whereby Tandy & Wood was to secure a purchaser for Munnell’s land. Tandy & Wood was to receive a real estate commission equal to 6% of the sale price. It maintains that it secured a purchaser at the price and under the terms set forth in the contract, but that Munnell wrongfully repudiated the contract, thus depriving it of its commission of $43,411.-20.
Service of the summons and the complaint were made on Munnell in California. Thereupon he appeared specially in District Court through his attorney and moved to quash the return of service of summons on the ground Idaho had no jurisdiction over him. Interrogatories and affidavits were filed and both sides submitted briefs on the motion. Tandy and Wood claimed there was jurisdiction under I.C. § 5-514(a) or (c), the Idaho “longarm statute.”
Applying these precepts to this case we find that the cause of action in this case, although based upon a breach of contract, is one “arising from” Munnell’s ownership of land. The concept of “arising from” is broad. It is not restricted solely to actions challenging the ownership. Rather it suffices if there is a “substantial connection” between the ownership of land in Idaho and the cause of action.
This holding also conforms with due process requirements. There are close analogies between this case and McGee v. International Life Ins. Co.
Munnell has purposefully availed himself “of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws,” within the requirement of Hanson v. Denckla,
We express, of course, no opinion as to the merits of the case. The motion to quash service of summons was not the proper occasion to rule upon the validity of the alleged contract. The order of the District Court quashing service of summons is reversed, and the cause is remanded for further proceedings.
Costs to appellants.
. “5-514. Acts subjecting persons to jurisdiction of courts of state. — Any person, firm, company, association or corporation, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits said person, firm, company, association or corporation, and if an individual, his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts:
(a) The transaction of any business within this state which is hereby defined as the doing of any act for the purpose of realizing pecuniary benefit or accomplishing or attempted to accomplish, transact or enhance the business purpose or objective or any part thereof of such person, firm, company, association or corporation;
(c) The ownership, use or possession of any real property situate within this state;
. Akichika v. Kellerher, 96 Idaho 930, 539 P.2d 283 (1975); Intermountain Business Forms, Inc. v. Shepard Bus. Forms Co., 96 Idaho 538, 531 P.2d 1183 (1975); Daggett v. Electronics Corp., 93 Idaho 26, 454 P.2d 63 (1969); B.B.P. Ass’n, Inc. v. Cessna Aircraft Co., 91 Idaho 259, 420 P.2d 134 (1966).
. Cf. McGee v. International Life Insurance Co., 355 U.S. 220, 223, 78 S.Ct. 199, 201, 2 L.Ed.2d 223 (1957).
. Supra, n. 3.
. McGee v. International Life Insurance Co., supra, n. 3, 355 U.S. at 223, 78 S.Ct. at 201.
. Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283 (1958).
Concurring Opinion
(concurring specially)
In addition to the reasons expressed in the majority opinion for reversing the trial court, in my view the trial court was also in error in applying I.C. § 9-505(5)
The applicable section of the Idaho Code is § 9-508
. “9-505. Certain agreements to be in writ-wig. — In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent. Evidence therefore, of the agreement can not be received without the writing or secondary evidence of its contents:
“5. An agreement for the leasing, for a longer period than one year, or for the sale, of real property, or of an interest therein, and such agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent be in writing, subscribed by the party sought to be charged.”
. “9-508. Real estate commission contracts to be in writing. — No contract for the payment of any sum of money or thing of value, as and for a commission or reward for the finding or procuring by one person of a purchaser of real estate of another shall be valid unless the same shall be in writing, signed by the owner of such real estate, or his legal, appointed and duly qualified representative.”
Reference
- Full Case Name
- TANDY & WOOD, INC., Plaintiffs-Appellants, v. William MUNNELL, D/B/A M & M Cattle Co., Defendants-Respondents
- Cited By
- 8 cases
- Status
- Published