LARGE v. CAFFERTY REALTY, INC.

No. 19472.

851 P.2d 972 (1993)

123 Idaho 676

Patrick J. LARGE and Evelyn Ruth, Plaintiffs-Appellants, v. CAFFERTY REALTY, INC., an Idaho corporation; Diversified Properties, Inc., an Idaho corporation (doing business as Century 21 AA Realty); Danny M. Cafferty; Mike Hall; John Amyx; Charles Q. and Barbara M. Claude, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1993 Term.

April 29, 1993.


Attorney(s) appearing for the Case

Givens, Pursley, Webb & Huntley, Boise, for plaintiffs-appellants, Patrick J. Large and Evelyn Ruth. Patrick J. Miller argued.

Eberle, Berlin, Kading, Turnbow & McKleen, Chtd., Boise, for defendants-respondents, Diversified Properties, Inc., Mike Hall and John Amyx. Stephen A. Bradbury argued.

Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for defendants-respondents, Charles Q. and Barbara M. Claude. James G. Reid argued.

Imhoff & Lynch, Boise, for defendants-respondents, Cafferty Realty, Inc. and Danny M. Cafferty. Patrick D. Furey argued.


JOHNSON, Justice.

This is a real estate case. It concerns the purchase of property that is subject to restrictive covenants providing that no structures placed on the property shall be used for commercial purposes.

In reversing the summary judgments, we hold that I.C. § 55-811 (the record as notice statute) does not preclude an action by a purchaser of real property against the seller and realtors for misrepresentation concerning the availability of the...

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