GARNER v. BARTSCHI

No. 28568.

80 P.3d 1031 (2003)

139 Idaho 430

Ivan L. GARNER, individually and Flinders Realty & Exchange, Inc., an Idaho corporation, Plaintiffs-Appellants-Cross Respondents, v. Melba C. BARTSCHI, individually and as Personal Representative of the Estate of Don F. Bartschi, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Pocatello, September 2003 Term.

November 14, 2003.


Attorney(s) appearing for the Case

Racine, Olson, Nye, Budge & Bailey Chartered, Pocatello, for appellant. John R. Goodell argued.

Ardee Helm, Jr., Montplier, argued for respondent.


BURDICK, Justice.

Ivan Garner and Flinders Realty & Exchange Inc. appeal the district court's grant of summary judgment to Melba Bartschi. The district court found that the legal description in the Real Estate Purchase and Sale Agreement and the Representation Agreement were insufficient to satisfy the statute of frauds and therefore, the agreements are unenforceable. We affirm.

FACTS AND PROCEDURAL BACKGROUND

During the spring of 2000, Ivan...

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