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LOWE v. LYM

No. 13504.

646 P.2d 1030 (1982)

103 Idaho 259

Russell E. LOWE, aka Ed Lowe, and Caryn Lowe, husband and wife, Plaintiffs-Appellants, v. John C. LYM and Terry E. Lym, husband and wife, Defendants-Respondents, and David Ticknor and Yoshiko Ticknor, husband and wife; Robert Tripp and Larae Tripp, husband and wife; and Horizon Real Estate and Development Company, Defendants.

Court of Appeals of Idaho.

June 15, 1982.

Attorney(s) appearing for the Case

Craig R. Jorgensen, Pocatello, for plaintiffs-appellants. Howard L. Armstrong, Jr., Pocatello, on brief.

Brent O. Roche of the firm of Vern E. Herzog, Jr., Pocatello, for defendants-respondents Lyms. Bruce S. Bistline, formerly of the firm, on brief.

John Souza, Pocatello, for defendant Horizon Real Estate and Development Co.

WALTERS, Chief Judge.

This is an appeal from a summary judgment granting rescission of a land sale transaction. We affirm the entry of the judgment in favor of the sellers but remand for redetermination of the amount of monetary recovery by the buyers.

The buyers, Russell and Caryn Lowe, purchased real property located in Bannock County from John and Terry Lym. Following payment of the purchase price and receipt of the deed, the buyers applied for a building...

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