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THORN SPRINGS RANCH, INC. v. SMITH

Nos. 27128, 27205.

50 P.3d 975 (2002)

137 Idaho 480

THORN SPRINGS RANCH, INC., an Idaho corporation, Plaintiff-Counterdefendant-Appellant, v. Deryl SMITH, Defendant-Counterclaimant-Respondent, Deryl Smith, Third-Party Plaintiff, v. Glen Tabor and Bernadine A. Tabor, husband and wife; Danny S. Smith and Lori Miller, husband and wife, individually; and Danny S. Smith, Bernadine A. Tabor and Rosemary E. Ray, as officers, directors and shareholders of Thorn Springs Ranch, Inc., an Idaho corporation, Third-Party Defendants. Thorn Springs Ranch, Inc., an Idaho corporation, Plaintiff-Counterdefendant, v. Deryl Smith, Defendant-Counterclaimant. Deryl Smith, Third-Party Plaintiff-Respondent, v. Glen Tabor and Bernadine A. Tabor, husband and wife; Danny S. Smith and Lori Miller, husband and wife, individually, Third-Party Defendants-Appellants, and Danny S. Smith, Bernadine A. Tabor, and Rosemary E. Ray, as officers, directors and shareholders of Thorn Springs Ranch, Inc., an Idaho corporation, Third-Party Defendants.

Supreme Court of Idaho, Boise, May 2002 Term.

July 2, 2002.

Attorney(s) appearing for the Case

Baker & Harris, Blackfoot, for appellant Thorn Springs Ranch, Inc. and for appellants Glen and Bernadine A. Tabor, Danny S. Smith, and Lori Miller. Dwight E. Baker argued.

Herzog & Roche, Pocatello, for respondent Deryl Smith.

KIDWELL, Justice.

This is an appeal from a decree of specific performance resulting from an oral agreement for the conveyance of land. We affirm the district court's decision.

I.

FACTS AND PROCEDURAL BACKGROUND

Clarence Smith owned a 600-acre ranch, which he transferred in 1976 to his five children: Rosemary Ray, Bernadine Tabor, Susan Slayton, Dan Smith, and Deryl Smith. The siblings did not get along. From 1976 to 1990, the ranch was...

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