HEINRICH v. BARLOW

No. 9342.

390 P.2d 831 (1964)

Herman A. HEINRICH and L. Alice Heinrich, husband and wife, Plaintiffs-Appellants, v. I. C. BARLOW and Myrtle F. Barlow, husband and wife, and Rodney L. Beus and Sarah Beus, husband and wife, and The Barlow Company, an Oregon corporation, and the unknown heirs and devisees of any of the foregoing Defendants who may be deceased and to all other persons claiming any right, title, estate, lien or Interest in the following described property situate in the County of Valley, State of Idaho, to-wit: Lots Three (3) and Four (4) the South Half of the Northwest Quarter (S½ NW¼) and the West Half of the Southeast Quarter (W½ S.E.¼) of Section Four (4) in Township 17 North, Range Three, East Boise Meridian, containing 235.36 acres more or less, together with all water, water rights, ditches and flumes thereunto belonging or in anywise appertaining, Defendants-Respondents.

Supreme Court of Idaho.

March 24, 1964.


Attorney(s) appearing for the Case

Robert H. Remaklus, Cascade, Calvin Dworshak, Boise, for appellants.

Millar & Callister, Boise, for respondents.


KNUDSON, Chief Justice.

Under date of September 16, 1960, Herman A. Heinrich and L. Alice Heinrich, husband and wife, plaintiffs-appellants, as vendors, entered into a contract to sell to defendants-respondents, I. C. Barlow and Rodney Beus, for the sum of $65,000, real and personal property consisting of a ranch and the farming machinery and equipment situate thereon.

Under the terms of said contract the purchasers were to receive credit on said contract...

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