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KESSLER v. TORTOISE DEVELOPMENT, INC.

No. 24711

1 P.3d 292 (2000)

134 Idaho 264

Richard L. KESSLER and Cheryl Kessler, husband and wife, Plaintiffs-Respondents-Cross Appellants, v. TORTOISE DEVELOPMENT, INC., Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Twin Falls, November 1999 Term.

May 4, 2000.

Attorney(s) appearing for the Case

Roark Law Firm, Twin Falls, for appellant. R. Keith Roark argued.

Parsons, Smith & Stone, Burley, for respondents. William A. Parsons argued.

WALTERS, Justice.

This is an appeal from a decision of the district court, on remand, granting specific performance of a real estate purchase and sale agreement. In Kessler v. Tortoise Devel., Inc., 130 Idaho 105, 937 P.2d 417 (1997)(Tortoise I), this Court determined that the purchase and sale agreement was ambiguous as to the availability of specific performance and vacated a summary...

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