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THORN CREEK CATTLE ASS'N, INC. v. BONZ

No. 18456.

830 P.2d 1180 (1992)

122 Idaho 42

THORN CREEK CATTLE ASSOCIATION, INC., acting by and through its last elected officers and Board of Directors as trustees for its former shareholders and creditors, Plaintiff-Respondent, v. Ronald T. BONZ and Ruth I. Bonz, husband and wife, Elbert L. Haye and Margaret T. Haye, husband and wife, Stanley V. Haye, Sr. and Joyce Ann Haye, husband and wife, Larry Hughes and Leslie L. Hughes, husband and wife, Stanley V. Haye, Jr. and Patricia E. Haye, husband and wife, and Jack A. Gibson, Defendants-Cross-Defendants-Appellants, and George J. Kawamoto and Florence F. Kawamoto, husband and wife, Defendants-Cross-Claimants.

Supreme Court of Idaho, Boise, November 1991 Term.

Rehearing Denied June 27, 1992.

Attorney(s) appearing for the Case

Webb, Pedersen & Webb, Twin Falls, for defendants-cross-defendants-appellants. Lloyd J. Webb argued.

Hepworth, Nungester & Lezamiz, Twin Falls, for plaintiff-respondent. Jeffrey E. Rolig argued.

BISTLINE, Justice.

BACKGROUND

On January 10, 1985, the Haye Group and respondents Kawamoto contracted with Thorn Creek for the acquisition of 135 acres of unimproved property located at the intersection of U.S. 93 and I-84 in South Central Idaho. The Haye Group and Kawamotos intended to market the property for development. Pursuant to the land contract with Thorn Creek, the Haye Group paid $100,000.00 down and signed a promissory note secured by a mortgage...

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