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MALLORY v. WATT

No. 12565.

594 P.2d 629 (1979)

100 Idaho 119

Warren L. MALLORY and Donna Lee A. Mallory, husband and wife, Plaintiffs-Respondents, v. Peter F. WATT, H. Lanier Turner, and Charles M. Watt, Jr., copartners, doing business as Idaho Apartment Properties IV, Defendants-Appellants, and W. Wayne OPPEL and Twylah R. Oppel, husband and wife, Plaintiffs-Respondents, v. IDAHO APARTMENT PROPERTIES IV, a General Partnership, and Peter F. Watt, Charles M. Watt, Jr. and Harry Lanier Turner, the partners thereof in their capacity as partners, and Individually, Defendants-Appellants.

Supreme Court of Idaho.

May 7, 1979.

Attorney(s) appearing for the Case

Dwight F. Bickel, Law Offices of Dwight F. Bickel, P.A., Boise, for defendants-appellants.

Gerald L. Weston, of Gigray, Miller, Downen & Weston, Caldwell, for Mallory.

Howard I. Manweiler, and Winston Churchill, of Wallis & Churchill, Boise, for respondents Oppel.

SHEPARD, Chief Justice.

Plaintiffs-respondents Warren Mallory, Wayne Oppel, and their spouses brought an action for specific performance on a real estate exchange contract. The district court entered a judgment granting specific performance. Defendants-respondents Peter Watt and Idaho Apartment Properties (IAP) appeal, alleging that the exchange agreement is unenforceable, and that, in any event, specific performance was...

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