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WOLSKE BROS., INC. v. HUDSPETH SAWMILL

No. 17548.

779 P.2d 28 (1989)

116 Idaho 714

WOLSKE BROTHERS, INC., an Idaho corporation, Plaintiff-Appellant, v. HUDSPETH SAWMILL COMPANY, an Oregon partnership; Walter E. Heller and Company; and Heller Financial, Inc., Defendants-Respondents, HELLER FINANCIAL, INC., a Delaware corporation, Counterclaimant-Respondent, v. WOLSKE BROTHERS, INC., an Idaho corporation; and Fred Wolske and Kelvin Wolske, as trustees for Wolske Brothers, Inc., Counterdefendants-Appellants.

Court of Appeals of Idaho.

September 1, 1989.

Attorney(s) appearing for the Case

Benjamin C. Rice, Boise, and Stephen W. Boller, Hailey, for plaintiff-appellant.

Michael T. Day, Boise, for defendants-respondents.

PER CURIAM.

This is an appeal from a summary judgment determining ownership of 430 acres of real property known as Clear Creek, located in Boise County. The dispositive issue is whether the record discloses an enforceable oral agreement, entitling the Wolske Brothers corporation ("Wolske") to a 49% interest in the property. The district court said "no". We agree.

The background facts may be summarized briefly. At times pertinent to this case, Wolske was engaged...

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