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KIMBROUGH v. REED

No. 22786.

943 P.2d 1232 (1997)

130 Idaho 512

Clifford E. and Della M. KIMBROUGH, husband and wife, Plaintiff-Respondents-Cross Appellants, v. Dorothy S. REED, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, May 1997 Term.

August 27, 1997.

Attorney(s) appearing for the Case

Wesley W. Hoyt, Kooskia, for appellants.

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent. Jeffrey J. Hepworth, argued.

McDEVITT, Justice.

This case involves an action for waste brought by remaindermen against a tenant for life. The tenant for life alleged affirmative defenses and counterclaims including breach of contract, setoff, undue influence, fraud, and constructive trust. The district court dismissed all of the affirmative defenses and counterclaims alleged by the tenant for life. The jury found that the tenant for life caused waste to the lawn, shrubs, and trees which were...

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