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BROWN v. YACHT CLUB OF COEUR D'ALENE LTD.

No. 15606.

722 P.2d 1062 (1986)

111 Idaho 195

W. Baxter BROWN and Linda Lee Brown, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. YACHT CLUB OF COEUR D'ALENE, LTD., a partnership; Wesley R. Hamilton and Doris Hamilton, husband and wife, Sally Ann Hall Ericksen and Raymon Ericksen, husband and wife, Mark E. Hall and Ann Hall, husband and wife, and Robert A. Hall, a single person, partners; and Yacht Club of Coeur D'Alene, Inc., an Idaho Corporation, Defendants-Respondents-Cross Appellants.

Court of Appeals of Idaho.

May 30, 1986.

Attorney(s) appearing for the Case

Sidney E. Smith (Smith and Hosack), Coeur d'Alene, together with Diane M. Hermanson and Dan E. McKelvey, Jr., (argued), Spokane, Wash., for plaintiffs-appellants-cross respondents.

Thomas A. Mitchell, (argued), Coeur d'Alene, and John Thomas Mitchell, Boise, for defendants-respondents-cross appellants.

BURNETT, Judge.

This appeal presents two questions. First, are buyers of real estate entitled to rescind the sale agreement when third-party communications reveal a cloud on the sellers' title? Second, if rescission is appropriate, may the buyers recover (a) profits they expected to realize from developing the property, (b) benefits allegedly bestowed upon the sellers before rescission, or (c) out-of-pocket expenses incurred while preparing to develop the land, in...

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