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BARNARD & SON, INC. v. AKINS

No. 14120.

708 P.2d 871 (1985)

109 Idaho 466

BARNARD & SON, INC., an Idaho corporation, Plaintiff-Appellant-Cross Respondent, v. Paul AKINS and Mary Akins, husband and wife, Defendants-Respondents-Cross Appellants, and First Idaho Escrow Corporation, an Idaho corporation, Defendants.

Supreme Court of Idaho.

Rehearing Denied November 21, 1985.

Attorney(s) appearing for the Case

Clemons, Cosho and Humphrey, P.A., and John S. Chapman (argued) and Christopher W. Clark, of Martin, Chapman, Martin & Haff, Boise, for plaintiff-appellant-cross-respondent. Barnard & Son, Inc.

Henry F. McQuade, of Adamson & Young, Nampa, for defendants-respondents-cross-appellants.

SHEPARD, Justice.

This is an appeal from a judgment and from denial of certain post-trial motions. These holdings by the trial judge in effect decreed a forfeiture of plaintiffs-purchasers' interest in a land sale contract. We affirm in part, reverse in part, and remand.

Plaintiff-appellant Barnard & Son, Inc., contracted to purchase over 100 acres of real property from defendants-respondents Akins'. The total purchase price was approximately $200,000...

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