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SOUTHERN v. SOUTHERN

No. 10037.

438 P.2d 925 (1968)

Matilda SOUTHERN, Plaintiff-Respondent, v. James W. SOUTHERN and Ruby Southern and Walter Wodskow and Emma Wodskow, Defendants-Appellants.

Supreme Court of Idaho.

March 28, 1968.

Attorney(s) appearing for the Case

James Annest, Burley, for appellants.

Parsons & Smith, Burley, for respondent.

TAYLOR, Justice.

Plaintiff (respondent) brought this action to recover possession of certain real property. Defendants (appellants) by counterclaim sought specific performance of an option to purchase the property. Upon plaintiff's motion the trial court entered summary judgment dismissing the counterclaim with prejudice. Defendants brought this appeal from that judgment.

Defendants James Southern (a son of plaintiff Matilda Southern) and his wife Ruby Southern...

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