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HOLSCHER v. JAMES

No. 19900.

860 P.2d 646 (1993)

124 Idaho 443

Ernest HOLSCHER and Abbielena Holscher, Plaintiffs-Respondents-Cross Appellants, v. Curtis E. JAMES and Brenda S. James, and State Farm General Ins. Co., Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Idaho Falls, May 1993 Term.

Rehearing Denied October 21, 1993.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Pocatello, for appellants. Douglas J. Balfour, argued.

McGrath, Baker & Marotz, Idaho Falls, for respondents. Dwight E. Baker, argued.

SILAK, Justice.

Curtis and Brenda James signed an agreement to purchase a cabin and five acres of land from Ernest and Abbielena Holscher. Before the closing date, the Jameses insured the cabin by entering into an insurance binder1 with State Farm General Insurance Co. through one of its agents. The Jameses then took possession of the premises. Thereafter, but also prior to closing, the cabin was destroyed by fire. The parties disputed...

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