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RUSS v. BROWN

No. 11055.

529 P.2d 765 (1974)

96 Idaho 369

Thomas L. RUSS and Lydia R. Russ, husband and wife, Plaintiffs-Appellants, v. Floyd F. BROWN and Jetta Brown, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

December 17, 1974.

Attorney(s) appearing for the Case

Elam, Burke, Jeppesen, Evans & Boyd, Boise, for plaintiff-appellants.

Derr, Derr, Walters & Cantrill, Boise, for defendant-respondents.

BAKES, Justice.

This litigation arises out of a dispute over a land sale contract. Plaintiff-appellants Thomas and Lydia Russ, the vendees, brought this action against defendant-respondents Floyd and Jetta Brown, the vendors, to rescind the contract claiming misrepresentations made by the Browns concerning several matters, including the water rights on the property. The district court, sitting without a jury, entered judgment in favor of the vendors-Brown and allowed...

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