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ERVIN CONST. CO. v. VAN ORDEN

No. 19406.

874 P.2d 549 (1992)

125 Idaho 738

ERVIN CONSTRUCTION COMPANY, a Montana Corporation, Plaintiff-Counterdefendant-Respondent, v. Jay VAN ORDEN and Shelli Van Orden, husband and wife, Defendants-Counterclaimants-Appellants, and Master Log Homes, Inc., a Montana Corporation, Counterdefendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied October 23, 1992.

Petition for Review Granted December 30, 1992.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for appellants. John A. Bailey, Jr., argued.

Blaser, Sorensen & Hansen, Blackfoot, for respondents. Murray J. Sorensen, argued.

WALTERS, Chief Judge.

The dispute in this case arose from a contract to construct a log home. The central issues on appeal involve the appropriate measure of damages where both parties to the agreement are in breach. As explained below, we vacate the judgment entered by the district court and remand the case for a recalculation of damages.

FACTS AND PROCEDURAL BACKGROUND

Ervin Construction Company (Ervin...

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