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FAJEN v. POWLUS

No. 12071.

561 P.2d 388 (1977)

98 Idaho 246

Roy E. FAJEN, Plaintiff-Respondent, v. Jack POWLUS and Stella Powlus, husband and wife, Defendants-Appellants, and Agricultural Testing & Consultants, Inc., a corporation, Defendant.

Supreme Court of Idaho.

Rehearing Denied April 1, 1977.

Attorney(s) appearing for the Case

John C. Hepworth, of Hepworth, Nungester, Felton & Hart, Buhl, for defendants-appellants.

Lloyd J. Webb, of Webb, Burton, Carlson & Pedersen, Twin Falls, for plaintiff-respondent.

SHEPARD, Justice.

This is an appeal from a judgment decreeing a forfeiture of a contract vendee's interest in real estate and also from the denial of a motion to file a counterclaim for specific performance of that contract. We reverse.

This is the second appeal by these same parties and many of the facts and circumstances are set out in our earlier opinion. See, Fajen v. Powlus, 96 Idaho...

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