POWELL v. NIETMANN

No. 17549.

778 P.2d 340 (1989)

116 Idaho 590

Donald L. POWELL and Muriel J. Powell, Plaintiffs-Respondents, v. James A. NIETMANN and Mary J. Nietmann, husband and wife, Defendants-Cross Claimants-Respondents, and Dave Reynolds and Jerry Van Ooyen, d/b/a Sommerfeld Realty, Defendants-Cross Defendants-Appellants.

Supreme Court of Idaho.

August 9, 1989.


Attorney(s) appearing for the Case

Gary A. Finney, Sandpoint, for appellants, Dave Reynolds and Jerry Van Ooyen.

James H. Paulsen, Sandpoint, for defendants-cross claimants-respondents, Nietmanns.

Nicholas M. Lamanna, of Priest River, Idaho, attorney for plaintiffs-respondents, Powells.


JOHNSON, Justice.

This appeal concerns a judgment of indemnity granted to the Nietmanns against Reynolds and Van Ooyen (Reynolds). The Nietmanns employed Reynolds, a realtor, to act as their agent to sell real property (the property) located on Lake Pend Oreille. The property was sold to the Powells based on representations by Reynolds that a subsurface septic disposal system could be installed on the property to provide sewage disposal. Rescission was granted to...

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