HARRIS v. WILDCAT CORPORATION

No. 11994.

556 P.2d 67 (1976)

97 Idaho 884

Harold L. HARRIS, Plaintiff-Respondent, v. WILDCAT CORPORATION, a corporation, Defendant-Appellant, and Leon F. Garner et al., Defendants.

Supreme Court of Idaho.

November 5, 1976.


Attorney(s) appearing for the Case

E.W. Pike, Albaugh, Smith, Pike, Martin & Gaskill, Idaho Falls, for defendant-appellant.

G. Rich Andrus, Rigby, Thatcher & Andrus, Rexburg, for plaintiff-respondent.


SHEPARD, Justice.

This is an appeal from a judgment in favor of plaintiff-respondent in an action essentially presenting questions of the existence of a novation. The resolution of the issue of novation is dispositive. We reverse.

In the spring of 1968 defendant-appellant Wildcat Corporation was the owner of real property located in the village of Last Chance, Fremont County, Idaho, on which were buildings used as a drive-in restaurant and a bar. Wildcat sold...

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