HAAG v. POLLACK

No. 19419.

836 P.2d 551 (1992)

122 Idaho 605

John G. HAAG and Mary N. Haag, husband and wife, Plaintiffs-Respondents, v. Steven H. POLLACK and Pettra W. Pollack, husband and wife, Defendants-Appellants, Steven H. POLLACK and Pettra W. Pollack, husband and wife, and Thomas E. Howell and Maxine F. Howell, husband and wife, Counterclaimants-Third Party Plaintiffs-Appellants, v. John G. HAAG and Mary N. Haag, husband and wife, Counterdefendants-Third Party Defendants-Respondents.

Court of Appeals of Idaho.

August 10, 1992.


Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, Boise, for defendants-appellants. William M. Loomis, argued.

Foley & Lance, Chartered, Meridian, for plaintiffs-respondents. Howard R. Foley, argued.


WALTERS, Chief Judge.

This case concerns the breach of a real estate sales contract and its prohibition against assignment without the seller's consent. The sellers are John and Mary Haag, plaintiffs-respondents in this action. In 1981, the buyers, defendants-appellants Steven and Pettra Pollack, entered into a "lease-purchase" agreement with Thomas and Maxine Howell, third party plaintiffs-appellants, and then in 1989 attempted to effect an assignment of the Haag...

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