HOLMES v. HENDERSON OIL CO.

No. 13330.

628 P.2d 1048 (1981)

102 Idaho 214

Dell HOLMES, individually and as Personal Representative of the Estate of Claire Holmes, Plaintiff-Appellant, v. HENDERSON OIL COMPANY, a partnership consisting of Joe Henderson and Joe Howard Henderson, Defendants, Third Party Plaintiffs and Respondents, v. HOLMES CONSTRUCTION COMPANY, a partnership consisting of Keith Holmes and Kay Holmes, husband and wife, Ralph Holmes and Jean Holmes, husband and wife, Harold Holmes, deceased, and Shirley Holmes, Widow of Harold Holmes, and Roger Holmes, Distributee of the Estate of Harold Holmes, Third Party Defendants and Respondents.

Supreme Court of Idaho.

May 15, 1981.


Attorney(s) appearing for the Case

Lawrence H. Duffin, Duffin, Coughlan, Workman & Barker, Burley, for plaintiff-appellant.

William A. Parsons, Parsons, Smith & Stone, Burley, Larry R. Duff of Goodman, Duff & Chisholm, Rupert, for defendants, third party plaintiffs and respondents.


PER CURIAM.

Dell Holmes and his wife, then living but since deceased, brought this action in their individual capacities, seeking to impress certain easements against adjacent properties owned by Henderson Oil Company, which Henderson Oil Company had purchased from Holmes Construction Company (a partnership in which Dell Holmes and his wife had no interest). Henderson Oil Company in turn filed a third party action against Holmes Construction Company. In answering...

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