DeBACA v. McAFFEE

No. 15134.

711 P.2d 1320 (1985)

109 Idaho 800

E.C. DeBACA, et ux., Cross-Claimant, Appellant, v. Earl McAFFEE and Ada McAffee, husband and wife, Cross-Defendants, Respondents.

Court of Appeals of Idaho.

November 1, 1985.


Attorney(s) appearing for the Case

Steven E. Carr (Fuller & Carr), Idaho Falls, for cross-claimant, appellant.

Rich G. Andrus (Rigby, Thatcher, Andrus, Barton and Walters), Rexburg, for cross-defendants, respondents.


BURNETT, Judge.

This appeal arises from the sale of a cattle ranch near Mackay, Idaho. The controversy concerns the scope of grazing rights, and rights in a cattle grazing association, transferred in the sale. The dispositive questions are whether the contract and deed are ambiguous and, if so, whether substantial evidence supports the district court's determination of the parties' underlying intent. For reasons explained below, we answer both questions in the affirmative...

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