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FAJEN v. POWLUS

No. 11572.

533 P.2d 746 (1975)

96 Idaho 625

Roy E. FAJEN, Plaintiff-Appellant, v. Jack E. POWLUS and Stella M. Powlus, Defendants, Third-Party Plaintiffs-Respondents, v. Lucille E. SMITH and the Estate of S.B. Smith, Third-Party Defendants.

Supreme Court of Idaho.

February 24, 1975.

Attorney(s) appearing for the Case

Lloyd J. Webb, of Webb, Pike, Burton & Carlson, Twin Falls, for appellant.

John A. Doerr, of Doerr & Reed, Twin Falls, for respondents.

BAKES, Justice.

This case arises out of conflicting claims to a tract of real property in the city of Twin Falls. S.B. and Lucille E. Smith, husband and wife, owned Lots 2, 3 and 4, of Block 1, Wood's Addition to Twin Falls. On January 30, 1969, they entered into a contract of sale of part of Lot 4 with Jack E. and Stella M. Powlus, husband and wife, who had been operating a canvas manufacturing and repair business as tenants on Lot 4 since 1965. This agreement and...

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