CLAMPITT v. A.M.R. CORP.

No. 15071.

706 P.2d 34 (1985)

109 Idaho 145

Delbert CLAMPITT and Delsie Clampitt, husband and wife, Plaintiffs-Respondents, v. A.M.R. CORPORATION, a corporation, Defendant-Appellant, and Judd Farms, a corporation; L.J. Rice & Sons, Inc., a corporation; and Southwestern Financial Corporation, a corporation, Defendants.

Supreme Court of Idaho.

Rehearing Denied September 20, 1985.


Attorney(s) appearing for the Case

Blair Grover, of Grover & Walker, Rigby, for defendant-appellant.

Jay R. Friedly, of Hall & Friedly, Mountain Home, for plaintiffs-respondents.


BAKES, Justice.

The sole issue in this appeal is whether the amounts retained by the vendor pursuant to forfeiture of a real estate purchase contract constitute an unconscionable penalty to the defaulting purchaser. We affirm the judgment of the trial court which held that the amounts forfeited under the contract bear a reasonable relation to the vendor's actual damages and therefore do not constitute an unconscionable penalty.

A.M.R. Corporation agreed to...

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