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DENGLER v. HAZEL BLESSINGER FAMILY TRUST

No. 30247.

106 P.3d 449 (2005)

141 Idaho 123

Kenneth DENGLER and Sheila Dengler-Shaw, husband and wife, Plaintiffs-Appellants, v. The HAZEL BLESSINGER FAMILY TRUST, and Thomas D. Blessinger and Carol Lee Blessinger, Trustees of the Hazel Blessinger Family Trust, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2004 Term.

January 28, 2005.

Attorney(s) appearing for the Case

Law Office of John B. Todd, Boise, for appellant. John B. Todd argued.

Ringert, Clark Chtd., Boise, for respondents. Jennifer R. Mahoney argued.

KIDWELL, Justice Pro Tem.

This is an action seeking damages for breach of a contract for the sale of land. As part of the sale, the seller was to obtain and convey an easement for access to the landlocked parcel of property. The district court concluded this term was a condition precedent to the seller's obligation to convey the property and failure of the condition excused the seller's performance; therefore, the seller did not breach the contract. We affirm.

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