PITZER v. SWENSON

No. 21878.

913 P.2d 1193 (1996)

128 Idaho 423

William M. PITZER, Plaintiff-Respondent, v. Donald R. & Carol SWENSON, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

March 28, 1996.


Attorney(s) appearing for the Case

James W. Atwood, Coeur d'Alene, for appellants.

Richard G. Whitehead, Coeur d'Alene, for respondent.


PERRY, Judge.

In this case, we are asked to review the district court's findings of fact and conclusions of law following a court trial. Because only two of the district court's three alternative legal theories for relief were challenged on appeal, we affirm the district court's award of damages on the unappealed theory.

I.

FACTS AND PROCEDURE

The parties in this case were involved in a contract regarding the sale and purchase of a

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