BELTS v. STATE

No. 9257.

388 P.2d 982 (1964)

F. H. BELTS and E. Jean Belts, Husband and wife, and George F. Denham and Eva H. Denham, Husband and wife, Plaintiffs-Appellants, v. The STATE of Idaho on relation of the DEPARTMENT OF HIGHWAYS of the State of Idaho, and Roscoe C. Rich, Wallace C. Burns, and Ernest F. Gaffney, Idaho Board of Highway Directors, Defendants-Respondents.

Supreme Court of Idaho.

January 31, 1964.


Attorney(s) appearing for the Case

Clements & Clements, Lewiston, for appellants.

Faber H. Tway, Chief Legal Counsel, and Anton Hohler, Legal Counsel, Dept. of Highways, Boise, for respondents.


SMITH, Justice.

This appeal is from a judgment of the district court of Nez Perce County denying the claim of appellants (plaintiffs) for specific performance and damages occasioned by the alleged breach of a highway right of way contract by respondent (defendant) Department of Highways. The appeal questions the district court's findings of fact and conclusions of law, thus necessitating a review of the trial record in order to determine whether the evidence is sufficient...

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