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DANIEL v. O'DELL

No. 21928.

921 P.2d 185 (1996)

129 Idaho 8

Tom L. DANIEL and Doris D. Daniel, husband and wife, Plaintiffs-Counter-Defendants-Appellants, v. Daniel E. O'DELL and Delores A. O'Dell, husband and wife, Defendants-Counter-Claimants-Respondents.

Court of Appeals of Idaho.

June 12, 1996.

Attorney(s) appearing for the Case

Marcus, Merrick & Montgomery, Boise, for appellants. Gale M. Merrick argued.

Eismann Law Offices, Nampa, for respondents. Richard B. Eismann argued.

WALTERS, Chief Judge.

Tom and Doris Daniel appeal from an order of the district court awarding attorney fees to Daniel and Dolores O'Dell in a forfeiture action. The award was made pursuant to a land purchase contract between the parties which provided for attorney fees to the "prevailing party" should litigation arise. For the reasons expressed herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

In 1988,...

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