TOEWS v. FUNK

No. 19699.

924 P.2d 217 (1994)

129 Idaho 316

Harold TOEWS and Lillian Toews, husband and wife, Plaintiffs-Respondents, Cross Appellants, v. Elmer FUNK, Jr. and Troy Lish and Stephanie Lish, husband and wife, Defendants-Appellants, Cross Respondents, and Jeanette Funk; Robert Schelske and Maureen Schelske, husband and wife; Junior Funk Farms, a partnership; Mike Funk and Shelly Funk, husband and wife; Gary Funk and G & M Farms, a partnership, Defendants-Cross-Respondents.

Court of Appeals of Idaho.

June 7, 1994.


Attorney(s) appearing for the Case

Service, Gasser & Kerl, Pocatello, for appellants. Steven V. Richert argued.

David N. Parmenter, Blackfoot, for respondents.


SWANSTROM, Judge Pro Tem.

Harold and Lillian Toews brought an action against Troy and Stephanie Lish, purchasers, and Elmer Funk, Jr., when the sale described in a real estate agreement between the parties failed to take place. A jury trial was conducted, and the jury found that the Lishes and Funk had breached the parties' contract and awarded compensatory damages to the Toews. Following a hearing on various post-trial motions...

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