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EVERITT v. HIGGINS

No. 19622.

838 P.2d 311 (1992)

122 Idaho 708

Jack W. EVERITT, Plaintiff-Appellant, v. Paul D. HIGGINS and Shelly M. Higgins, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied October 8, 1992.

Attorney(s) appearing for the Case

Jack W. Everitt, pro se.

Harold B. Smith, Coeur d'Alene, for defendant-respondent.

SUBSTITUTE OPINION

The Court's prior opinion dated June 26, 1992, is hereby withdrawn.

WALTERS, Chief Judge.

This case arises from a dispute between parties to a real estate contract and concerns the ownership of a wood cook stove. On appeal from a decision upholding the trial court's determination that the stove was the personal property of the seller, the purchaser argues (1) that the stove was a fixture passing to him by deed with the real estate...

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