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KESSLER v. TORTOISE DEVELOPMENT, INC.

No. 22635.

937 P.2d 417 (1997)

130 Idaho 105

Richard L. KESSLER and Cheryl L. Kessler, husband and wife, Plaintiffs-Appellants, v. TORTOISE DEVELOPMENT, INC., an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, March 1997 Term.

May 1, 1997.

Attorney(s) appearing for the Case

Lloyd J. Webb (argued) and Curtis R. Webb, Lawyers, Twin Falls, for plaintiffs-appellants.

Roark, Rivers, Baxter & Phillips, Hailey, for defendant-respondent. Ray Keith Roark argued.

JOHNSON, Justice.

This is a real estate contract case. The primary issue presented is whether provisions in the contract preclude the buyer from obtaining specific performance when the seller fails to consummate the sale. We conclude the contract is ambiguous concerning the availability of specific performance. Because of this disposition of the primary issue, we also vacate the judgment granting the seller restitution and return of the premises and a writ of possession...

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