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HANSEN v. SWEET

No. 15516.

702 P.2d 823 (1985)

108 Idaho 785

Mark HANSEN, and Mark Hansen as personal representative of the Estate of Janet F. Hansen, deceased, Plaintiff-appellants, v. William E. SWEET and Bonnie C. Sweet, husband and wife, Defendant-respondents, and HANSEN RANCH, INC., Intervenor plaintiff-Counterdefendant-respondent, v. Mark HANSEN, and Mark Hansen as personal representative of the Estate of Janet F. Hansen, deceased, Intervenor defendants-Counterclaimants-appellants.

Supreme Court of Idaho.

June 18, 1985.

Attorney(s) appearing for the Case

Henry McQuade of Adamson, Young & McQuade, Nampa, for plaintiff-appellants.

Stanley Welsh of Clemons, Cosho & Humphrey, Boise, for intervenor respondent.

Eugene D. Fredericksen of Rettig, Fredericksen & Williams, Jerome, for respondents.

BAKES, Justice.

The sole issue on appeal is the division of crop share rental proceeds between a purchaser and vendor, where the purchaser has defaulted and forfeited all interest in real property to the vendor. We reverse the district court and hold1 that: the purchaser is entitled to crop share rentals on crops severed prior to forfeiture, less the landlord's share of expenses incurred prior to forfeiture; and the vendor is entitled...

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