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VILLAGE OF MOYIE SPRINGS, IDAHO v. AURORA MFG. CO.

No. 8895.

353 P.2d 767 (1960)

VILLAGE OF MOYIE SPRINGS, IDAHO, a municipal corporation, and Thelma Berger, Chairman of the Board of Trustees of the Village of Moyle Springs, Idaho, and Everett Witt, R. B. Dugal, Eva Mae Stephens and Jack M. Billingsley, constituting the Board of Trustees of the Village of Moyle Springs, Idaho, in their official capacities, respectively, as such, Plaintiff-Respondent, v. AURORA MANUFACTURING COMPANY, an Idaho corporation, Defendant-Appellant.

Supreme Court of Idaho.

June 28, 1960.

Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for appellant.

W. W. Nixon, Bonners Ferry, for respondent.

TAYLOR, Chief Justice.

January 27, 1960, the parties entered into a contract for a lease by the plaintiff (respondent) to the defendant (appellant) of certain industrial property to be acquired by the village pursuant to and in conformity with ch. 265, S.L.1959, and ordinance No. 17, passed and adopted by the village pursuant to said act. Defendant refused to further perform the agreement upon the advice of counsel that the act authorizing the ordinance and contract...

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