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COHEN v. MERRILL

No. 10970.

503 P.2d 299 (1972)

95 Idaho 99

Max J. COHEN, Plaintiff, Respondent and Cross Appellant, v. Kenneth H. MERRILL, Sr., and Jack Schild, Individually and d/b/a Tack & Hammer, a co-partnership, Defendants, Appellants and Cross Respondents, J.A. MARTIN d/b/a J.A. Martin Agency, Defendant and Cross Respondent, v. BRYAN'S CAFE, INC., a corp., Intervener.

Supreme Court of Idaho.

November 20, 1972.

Attorney(s) appearing for the Case

R.M. Whittier, Pocatello, Idaho, for defendants and appellants, Merrill and Schild.

Robert C. Huntley, Jr., Pocatello, Idaho, for plaintiff, respondent and cross appellant Cohen.

William T. Goodman, Rupert, Idaho, for defendant and cross respondent Martin.

William A. Parsons, Burley, Idaho, for intervenor Bryan's Cafe.

BAKES, Justice.

Plaintiff, respondent and cross appellant Max J. Cohen, hereinafter referred to as seller, is a resident of Los Angeles, California, who owned two parcels of ground in Cassia County, Idaho. One parcel, hereinafter referred to as the garage property, was located on Lots 19, 20 and 21, in Block 105, of the original Burley Townsite. The other parcel, known as the cafe property, was located on Lot 22, in Block 120. The two parcels are approximately one...

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