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WOOD v. SIMONSON

Nos. 14611, 14653.

701 P.2d 319 (1985)

108 Idaho 699

Coy WOOD and Sylvia Wood, husband and wife, Plaintiffs-Respondents, v. Rita SIMONSON, Defendant-Appellant. and James F. Gaved and Lois J. Gaved, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

June 3, 1985.

Attorney(s) appearing for the Case

Robert M. Tyler and Charles L. Hay of Elam, Burke, Evans, Boyd & Koontz, Boise and Jack H. Robison of Johnson & Olson, Pocatello, for defendants-appellants, Gaveds.

Ronald J. Jarman, Pocatello, for defendant-appellant, Simonson.

Randall C. Budge of Racine, Olson, Nye & Cooper, Pocatello, for plaintiffs-respondents.

SWANSTROM, Judge.

Coy and Sylvia Wood, as potential purchasers, and Rita Simonson, as owner of property in Pocatello, Idaho, signed an "earnest money agreement." This proposed sale did not close on the date scheduled. The next day James and Lois Gaved purchased the property from Simonson. The disappointed Woods brought this suit against Simonson and the Gaveds for specific enforcement of the earnest money agreement. The district court held that the earnest money agreement...

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