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VAN BERKEM v. MOUNTAIN HOME DEVELOPMENT

No. 24525.

977 P.2d 901 (1999)

132 Idaho 639

John VAN BERKEM and Murial Van Berkem, husband and wife, and Frances B. Kirkwood, Plaintiffs-Respondents, v. MOUNTAIN HOME DEVELOPMENT COMPANY, aka Mountain Home Development Co., an Idaho corporation whose charter has been forfeited; Dan Weitz and Mark E. Adams, as statutory trustees of said forfeited corporation; and Weitz & Company, Inc., an Idaho corporation, Defendants-Appellants.

Court of Appeals of Idaho.

April 2, 1999.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for appellants.

Hall & Friedly, Mountain Home, for respondents. Jay R. Friedly, argued.

SCHWARTZMAN, Judge.

I.

FACTS AND PROCEDURE

On June 12, 1991, John and Murial Van Berkem and Frances B. Kirkwood (sellers) entered into an agreement with Mountain Home Development Company, Inc. (MHDC) for the sale of a parcel of real property. The agreement stated that MHDC would pay eighty thousand dollars ($80,000) for the property with twenty thousand dollars ($20,-000) down and annual payments of twelve thousand dollars ($12,000) plus interest...

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