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LOVELASS v. SWORD

No. 28896.

90 P.3d 330 (2004)

140 Idaho 105

Gerald D. LOVELASS and Phyllis A. Lovelass, husband and wife, Plaintiffs-Counterdefendants-Appellants, v. Gary SWORD and Carole Sword, husband and wife, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 2003 Term.

April 28, 2004.

Attorney(s) appearing for the Case

Rude, Jackson & Daugharty, Coeur d'Alene, for appellants. Paul W. Daugharty argued.

Michael B. McFarland, Coeur d'Alene, for respondents.

SCHROEDER, Justice.

This case involves an attempt to enforce an alleged oral agreement for the sale and purchase of real property.

I.

FACTUAL BACKGROUND

On or about May 8, 1997, Gary and Carole Sword entered into an agreement with Keith Lovelass to purchase the real property which is the subject of this action. At the time of this agreement, Keith Lovelass represented to the Swords that he owned the property. In fact he did not own the...

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