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KELLY v. HODGES

No. 18110.

811 P.2d 48 (1991)

119 Idaho 872

Charles B. KELLY, Plaintiff-Appellant-Cross Respondent, v. Jolene Rae HODGES, Defendant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

March 26, 1991.

Attorney(s) appearing for the Case

Weinpel, Woolf & Combo, Idaho Falls, for plaintiff-appellant-cross respondent. Marc J. Weinpel argued.

Gardner & Higgins, Idaho Falls, for defendant-respondent-cross appellant. Kent A. Higgins argued.

WALTERS, Chief Judge.

Charles Kelly filed an action against Jolene Hodges seeking to enforce a written "Real Estate Purchase and Sale Agreement" (the Agreement), allegedly modified by an oral agreement to extend the closing date. Based on the statute of frauds, the district court granted Hodges' motion to dismiss Kelly's complaint and awarded damages and attorney fees. For the reasons explained below, we vacate the judgment and remand the case to the district court...

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