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DUSTIN v. BECKSTRAND

No. 13824.

654 P.2d 368 (1982)

103 Idaho 780

Herbert W. DUSTIN, Plaintiff-Respondent, v. Leonard BECKSTRAND and Mary Burdette Beckstrand, husband and wife, Defendants-Appellants, and Big Wood Canal Company, Defendant.

Supreme Court of Idaho.

Rehearing Denied December 9, 1982.

Attorney(s) appearing for the Case

Dalon Esplin, Lowell N. Hawkes, Chartered, Pocatello, for defendants-appellants.

Jon J. Shindurling, May, May, Sudweeks, Shindurling & Stubbs, Twin Falls, for plaintiff-respondent.

SHEPARD, Justice.

This is an appeal from an order denying a motion to vacate a judgment. We affirm in part, reverse in part and remand.

The genesis of this action arose in 1977 when defendants sold to plaintiff a farm and personal property at a price of $150,000. As a part of that sale, defendants were required to turn over to plaintiff a number of shares in the Big Wood Canal Company representing water appurtenant to the land. A quarrel broke out almost immediately...

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