McPHETERS v. HAPKE

No. 10683.

497 P.2d 1045 (1972)

94 Idaho 744

Virgil McPHETERS, Plaintiff-Appellant, v. Leon HAPKE, Executor of the Estate of Joseph W. Fuld, Deceased, Defendant-Respondent.

Supreme Court of Idaho.

June 6, 1972.


Attorney(s) appearing for the Case

Lloyd J. Walker of Hepworth, Walker & Depew, Twin Falls, for plaintiff-appellant.

George R. Kneeland of Kneeland & Laggis, Ketchum, for defendant-respondent.


SHEPARD, Justice.

This appeal stems from a contract for the purchase and sale of real estate entered into by Virgil McPheters and Joseph W. Fuld, now deceased. Following the death of Fuld, Leon Hapke, the Executor of the Fuld estate, repudiated the contract on the grounds of Fuld's incompetency at the time of his execution of the contract. This action was instituted by McPheters, and following trial to the court, judgment was entered for the defendant. This appeal...

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