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MILLER v. ESTATE OF PRATER

No. 29541.

108 P.3d 355 (2005)

141 Idaho 208

Thomas MILLER, Plaintiff-Respondent, v. ESTATE OF Wid J. PRATER, and Susan Lewis, as the personal representative of the Estate of Wid J. Prater, Defendants-Appellants.

Supreme Court of Idaho, Boise, January 2005 Term.

February 22, 2005.

Attorney(s) appearing for the Case

Perkins Coie, LLP, Boise, for appellants. Shelley H. Cozakos argued.

White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., Nampa, for respondent. William A. Morrow argued.

JONES, Justice.

This is an action for breach of a contract made by a married couple for disposition of the survivor's estate. Thomas Miller (Miller) brought suit against the survivor's estate, claiming violation of the agreed disposition provisions. The district court entered judgment in favor of Miller upon jury verdicts (1) finding the survivor's estate liable for breaching the contract and (2) awarding damages. The estate appealed, claiming the district court erred...

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