FENN v. NOAH

No. 31433.

133 P.3d 1240 (2006)

Philip H. FENN, Plaintiff-Counterdefendant-Counterclaimants-Respondents. Randy E. Noah and Kathryn A. Noah, husband and wife, Third Party Plaintiffs-Respondents, Randy E. Noah and Kathryn A. Noah, husband and wife, Third Party Plaintiffs-Respondents, v. Rea Lynn M. Fenn, deceased and the known and unknown heirs and devisees of Rea Lynn M. Fenn, Third Party Defendants-Appellants.

Supreme Court of Idaho, Boise, February 2006 Term.

April 11, 2006.


Attorney(s) appearing for the Case

Walker Law Office, Weiser, for appellants. Lary C. Walker argued.

R. Brad Masingill, Weiser; Anderson, Julian & Hull, Boise, for respondents. Robert A. Anderson argued.


BURDICK, Justice.

This case arises out of the purchase of real property in Cambridge, Idaho. Appellant Philip Fenn (Fenn) purchased five acres of land once owned by Respondents Randy and Kathryn Noah (the Noahs) by assuming a land sale contract between the Noahs and Fenn's predecessor in interest, Glenn N. Kline (Kline). Fenn brought suit against the Noahs for allegedly violating the Idaho Consumer Protection Act, constructive fraud, and breach of contract. These...

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