SOWARDS v. RATHBUN

No. 24876.

8 P.3d 1245 (2000)

134 Idaho 702

Norman SOWARDS and Mary Sowards, Plaintiffs-Appellants, v. Wayne RATHBUN and Mildred Rathbun, husband and wife, and John Does 1 through 10, inclusive, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, May 2000 Term.

Rehearing Denied September 22, 2000.


Attorney(s) appearing for the Case

McGrath, Marotz & Smith, Idaho Falls for appellants. Bryan D. Smith argued.

Hopkins, Roden, Crockett, Hansen & Hoopes, Idaho Falls, for respondents. David H. Shipman argued.


WALTERS, Justice.

This is an action seeking damages allegedly resulting from a fraudulent misrepresentation arising out of the purchase of a farm in Butte County. After a trial to the court, judgment was entered for the defendant-sellers, dismissing the plaintiffs' complaint. This district court also awarded attorney fees to the prevailing defendants under the terms of the contract of sale. We affirm the judgment, but we set aside the award of attorney fees.

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