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ANDRUS v. IRICK

No. 9219.

394 P.2d 304 (1964)

John Ivan ANDRUS and Susie D. Andrus, Husband and Wife, and John Ivan Andrus, Jr., and Margie W. Andrus, Husband and Wife, Plaintiffs, Appellants and Cross-Respondents, v. Harold IRICK and Norma Irick, Husband and Wife, Defendants, Respondents, and Cross-Appellants.

Supreme Court of Idaho.

July 22, 1964.

Attorney(s) appearing for the Case

Gee, Hargraves & Armstrong, Pocatello, for appellants and cross-respondents.

Jones, Pomeroy & Jones, Pocatello, for respondents and cross-appellants.

McFADDEN, Justice.

Petition for rehearing having been granted, and the cause reheard, the previous opinion is withdrawn, and this opinion issued in lieu thereof.

We shall dispose of the issues presented, in this order: first by defendants' cross-appeal; and second by plaintiffs' appeal.

DEFENDANTS' CROSS APPEAL

Plaintiffs, appellants and cross-respondents herein (hereinafter referred to as plaintiffs), instituted this action to rescind a...

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