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KEESEE v. FETZEK

No. 16103.

723 P.2d 904 (1986)

111 Idaho 360

Jimmy P. KEESEE and Ruby J. Keesee, husband and wife, Plaintiffs-Appellants, v. Joseph P. FETZEK and Allied Investments, Inc., an Idaho corporation, Defendants-Respondents.

Court of Appeals of Idaho.

On Petition for Rehearing July 30, 1986.

Attorney(s) appearing for the Case

Gary L. Morgan (Morgan & Wellman), Caldwell, for plaintiffs-appellants, Daniel T. Eismann (Eismann & Wood), Caldwell, for appellants on petition for rehearing.

Stanley W. Welsh (argued) and Sara M. Thorpe (Clemons, Cosho & Humphrey, P.A.), Boise, for defendants-respondents Fetzek.

BURNETT, Judge.

This is the second appellate round of a battle over remedies for a buyer's default on a real estate contract. The principal issue presented today is whether the sellers are estopped to pursue remedies other than forfeiture. The district court held that they are. We affirm.

The facts are undisputed. As noted in our first decision, Keesee v. Fetzek, 106 Idaho 507, 681 P.2d 600

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