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SPENCE v. HOWELL

No. 21355.

890 P.2d 714 (1995)

126 Idaho 763

Charles and Barbara SPENCE, husband and wife, Plaintiffs-Respondents-Cross-Appellants, v. James B. HOWELL and Josephine H. Howell, Defendants-Appellants-Cross-Respondents, and Clifton A. Powell, Roberta G. Powell, Jerry S. Lausmann, and Donnis O. Lausmann, Defendants.

Supreme Court of Idaho, North Idaho October 1994 Term.

Rehearing Denied March 29, 1995.

Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull; and Bowen, Brassey, Gardner, Wetherell & Crawford, Boise, for appellants Howell. Robert T. Wetherell argued.

David H. Leroy, Boise, for appellants Powell and Lausmann.

Nevin, Kofoed & Herzfeld; Seiniger Law Offices; Givens, Pursley & Huntley, Boise, for respondents Spence. Alan Kofoed and Breck Seiniger argued.

TROUT, Justice.

This is an appeal arising from a failed venture to develop a Christian retreat near Riggins, Idaho. Suit was instituted with allegations of breach of contract, fraud, intentional infliction of emotional distress and violation of racketeering statutes. Ultimately, the jury awarded the plaintiffs $103,395 for the fraud and breach of contract claims, $200,000 for intentional infliction of emotional distress, and $300,000 in punitive damages. After the...

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