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KELLY v. SILVERWOOD ESTATES

No. 21103.

903 P.2d 1321 (1995)

127 Idaho 624

David Lamar KELLY and Annette W. Kelly, Plaintiffs-Appellants-Cross Respondents, v. SILVERWOOD ESTATES, a Utah Partnership, Howard McDonald, Joseph S. McDonald, Steven McDonald, and McDonald Brothers, Inc., Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Twin Falls, March 1995 Term.

September 28, 1995.

Attorney(s) appearing for the Case

Parsons, Smith, Stone & Fletcher, Burley, for appellants. Randolph C. Stone argued, Burley.

Donald J. Chisholm, Burley, for respondents.

SCHROEDER, Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

On January 2, 1985, Silverwood Estates (Silverwood), a Utah partnership, entered into a contract with David LaMar Kelly and Annette W. Kelly (the Kellys) to acquire a one-half interest in K5 Ranch which consisted of deeded real estate located in Idaho and Utah, plus irrigation and farm equipment, livestock and grazing rights. The Kellys were the record owners of the realty and also held the...

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