TUSCH ENTERPRISES v. COFFIN

No. 16380.

740 P.2d 1022 (1987)

113 Idaho 37

TUSCH ENTERPRISES, a partnership consisting of Earl F. and Marianne Tusch, husband and wife; Carl W. Tusch, Sr. and E. Norene Tusch, husband and wife; Carl W. Tusch, Jr. a single person, Plaintiffs-Counterdefendants Appellants, v. Rex T. COFFIN, Defendant-Cross Claimant, Cross Defendant-Respondent, and Robert Vander Boegh and Elizabeth Vander Boegh, husband and wife, Cross Defendants-Counter-claimants, Cross-claimants-Respondents.

Supreme Court of Idaho.

July 2, 1987.


Attorney(s) appearing for the Case

Robert O. Eldredge of Lyon & Jorgensen, Pocatello, for Tusch Enterprises.

George A. Southworth of Herzog & Roche, Pocatello, for Coffin.

Gaylen L. Box of McDermott, Zollinger, Box & Olley, Pocatello, for Vander Boeghs.


DONALDSON, Justice.

Tusch Enterprises appeals from an order of the district court granting summary judgment in favor of Robert and Elizabeth Vander Boegh, husband and wife, and Rex T. Coffin. Tusch Enterprises brought this action after discovering that residential duplexes it had recently purchased suffered from major structural infirmities. The complaint advanced the following theories of recovery: (1) negligence, (2) misrepresentation, (3) express warranty, and...

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