SCOGINGS v. LOVE

No. 8498.

312 P.2d 570 (1957)

W. D. SCOGINGS and Afton Scogings, husband and wife, Plaintiffs-Respondents, v. Clarence B. LOVE and Florence Love, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied June 26, 1957.


Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, C. V. Boyatt, Arco, for appellants.

Albaugh, Bloem, Barnard & Smith, Idaho Falls, for respondents.


McQUADE, Justice.

This is an action brought by the respondents to cancel a contract of sale conveying certain real and personal property in Custer County, Idaho, to recover possession of such part of the property as remained in the possession of the appellants, to quiet title, and to have declared as liquidated damages all payments made under the contract. To the complaint, the appellants interposed an amended answer and cross-complaint.

The respondents were...

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