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MURR v. SELAG CORP.

No. 16070.

747 P.2d 1302 (1987)

113 Idaho 773

William H. MURR and Marjorie Murr, husband and wife, Plaintiffs-Respondents, v. SELAG CORPORATION, a/k/a Selag Development Co., a Delaware corporation, and Seafirst Mortgage Corporation, a corporation, Defendants-Appellants, and Seafirst Mortgage Corporation, a corporation, Third-party Plaintiff-Appellant.

Court of Appeals of Idaho.

December 2, 1987.

Attorney(s) appearing for the Case

Clemons, Cosho & Humphrey, Boise and Douglas J. Smart of Smith, Smart, Hancock & Tabler, Seattle, Wash., for defendants-appellants.

Jon J. Shindurling of May, May, Sudweeks, Shindurling & Stubbs, Twin Falls, for plaintiffs-respondents.

SWANSTROM, Judge.

Selag Corporation and Seafirst Mortgage Corporation bring this appeal from a district court judgment rescinding a land sale contract and awarding restitution and attorney fees to respondents, the Murrs. The principal questions we are asked to decide are: (1) whether the district court erred in holding that the purchasers of real estate had proven entitlement to rescission of the sale and restitutionary relief because of a mutual mistake and misrepresentation...

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