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FIRST REALTY & INV. CO. v. RUBERT

No. 12290.

600 P.2d 1149 (1979)

100 Idaho 493

FIRST REALTY & INVESTMENT CO., INC., a corporation, Plaintiff and Counterdefendant, Respondent, v. Milton T. RUBERT and Lynne H. Rubert, husband and wife, Defendants and Counterclaimants, Appellants.

Supreme Court of Idaho.

October 3, 1979.

Attorney(s) appearing for the Case

McLaughlin Law Offices, Chartered, Michael R. McLaughlin, Mountain Home, for defendants and counterclaimants, appellants.

Jeff Stoker, of Johnson & Stoker, Rayborn, Rayborn & Ronayne, Twin Falls, for plaintiff and counterdefendant, respondent.

BISTLINE, Justice.

Following very extensive discovery procedures over a long period of time this action became at issue and a trial to a jury commenced on February 23, 1976. The basic nature of the issues is best stated by the exact language of the court's given instruction No. 10:

"Ladies and Gentlemen of the Jury. In this case, the Plaintiff, First Realty & Investment Co., a corporation, seeks to recover from the Defendants, Milton T. Rubert and Lynne...

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