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BROWN'S TIE & LUMBER v. CHICAGO TITLE

No. 16732.

764 P.2d 423 (1988)

115 Idaho 56

BROWN'S TIE & LUMBER COMPANY, an Idaho corporation, Plaintiff-Appellant, v. CHICAGO TITLE COMPANY OF IDAHO, an Idaho corporation; and Chicago Title Insurance Company, a Missouri corporation, Defendant-Respondents. CHICAGO TITLE COMPANY OF IDAHO, an Idaho corporation, Counterclaimant-Respondent, v. BROWN'S TIE & LUMBER COMPANY, Counterdefendant-Appellant.

Supreme Court of Idaho.

October 27, 1988.

Attorney(s) appearing for the Case

Evans, Keane, Koontz, Boyd & Ripley, Boise, for plaintiff-appellant. Blaine F. Evans argued.

Cantrill, Skinner, Sullivan & King, Boise, Idaho, for defendant-respondent, Chicago Title Co. of Idaho. Willis E. Sullivan III argued.

Givens, McDevitt, Pursley, Webb & Buser, Boise, for defendant-respondent, Chicago Title Ins. Co. Charles F. McDevitt argued.

1988 Opinion No. 54, filed June 20, 1988, is hereby withdrawn, and this opinion is substituted therefor.

BAKES, Justice.

This case involves a defaulted land sales agreement and an erroneous reporting of title to real property that allegedly caused damage to the seller. The plaintiff, Brown's Tie & Lumber Company (Brown's Tie), contracted to sell the Quality Inn Motel in Boise, Idaho, to a group of Californians, whose interest as buyers was bought out by...

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