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AZTEC LTD., INC. v. CREEKSIDE INV. CO.

No. 12978.

602 P.2d 64 (1979)

100 Idaho 566

AZTEC LIMITED, INC., an Idaho Corporation, Plaintiff-Appellant, v. CREEKSIDE INVESTMENT COMPANY, a Limited Partnership, Defendant-Respondent.

Supreme Court of Idaho.

October 31, 1979.

Attorney(s) appearing for the Case

Bruce S. Bistline, Pocatello, for plaintiff-appellant.

Monte R. Whittier and R. Max Whittier, Pocatello, for defendant-respondent.

BAKES, Justice.

In 1976 appellant Aztec, Ltd., acting through its president, Roger Seaton, purchased a piece of real property in Pocatello, Idaho. At the time of the purchase, Seaton knew the approximate amount of land which had been purchased. He thought that the land lay to the north of Pocatello Creek Road, a public highway. After ordering a survey and title report, Seaton discovered instead that a small strip of Aztec's property lay to the south of the paved and...

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