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DOYLE v. ORTEGA

No. 20502.

872 P.2d 721 (1994)

125 Idaho 458

Patrick T. DOYLE and Laurie Howlett-Doyle, Plaintiffs-Respondents, v. Tom ORTEGA, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1994 Term.

April 20, 1994.

Attorney(s) appearing for the Case

Coffin, Snyder & Matthews, Boise, for defendant-appellant. Steven R. Matthews, argued.

Killen & Kerrick, P.A., McCall, for plaintiffs-respondents. William M. Killen, argued.

JOHNSON, Justice.

This is a real estate contract case. The primary issues presented are whether the parties entered into a contract, and, if so, whether the default clause of the contract precludes the buyers from obtaining specific performance when the seller failed to consummate the sale. We conclude that there is a contract and that the contract precludes the buyers from obtaining specific performance.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS...

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