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DeATLEY CORPORATION v. OTTO

No. 11247.

513 P.2d 638 (1973)

95 Idaho 586

DeATLEY CORPORATION, an Idaho Corporation, Plaintiff-Respondent, v. Ralph OTTO et al., Defendants-Appellants.

Supreme Court of Idaho.

August 24, 1973.

Attorney(s) appearing for the Case

J.H. Felton, Joseph C. Adams, Jr., Lewiston, for defendants-appellants.

Randall & Bengtson, Thomas A. Madden, Lewiston, for plaintiff-respondent.

BAKES, Justice.

This is an appeal from a judgment entered December 8, 1972, in a breach of contract and mortgage foreclosure action brought by respondent DeAtley Corporation against appellants Ralph Otto and Milan and Darlene Norden, husband and wife.

On March 7, 1966, plaintiff-respondent DeAtley Corporation, entered into a written contract with defendant appellant Ralph Otto to extract and crush an initial 35,000 cubic yards of rock on "Goat Island" located...

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