SHIPLEY v. COOK

No. 15406.

708 P.2d 942 (1985)

109 Idaho 537

Jay Russell SHIPLEY and Linda Lee Shipley, husband and wife, Plaintiffs-Respondents, v. Lew D. COOK and Mildred H. Cook, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

November 5, 1985.


Attorney(s) appearing for the Case

John C. Souza, Whittier & Souza, P.A., Pocatello, and N. George Daines argued, Daines & Kane, Logan, Utah, for defendants-appellants.

Kenneth E. Lyon, Jr., Pocatello, for plaintiffs-respondents.


BURNETT, Judge.

This case presents two issues: (1) Did buyers of real property breach their contract with the sellers by failing to deliver a debenture in payment of the purchase price? (2) If so, what damages are the sellers entitled to recover? The district court, holding that a breach had occurred, awarded damages equaling the face value of the debenture. For reasons explained below, we uphold the court's determination of a breach, but we vacate the damage award...

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