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O'CONNOR v. HARGER CONST., INC.

No. 33685.

188 P.3d 846 (2008)

Tamara L. O'CONNOR, Plaintiff-Appellant, v. HARGER CONSTRUCTION, INC., an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 2008 Term.

Rehearing Dismissed July 17, 2008.

Attorney(s) appearing for the Case

Layman, Layman & Robinson, PLLP, Coeur d'Alene, for appellant. Arthur M. Bistline argued.

Dean & Kolts, Coeur d'Alene, for respondent. Charles R. Dean, Jr. argued.

W. JONES, Justice.

This action arises out of the purchase of real property on Lake Coeur d'Alene, Idaho. Tamara O'Connor (O'Connor) filed an action again Harger Construction, Inc. (Harger), alleging breach of contract and seeking damages, or in the alternative, specific performance or restitution for the return of her deposit. The district court, Honorable Charles Hosack presiding, found that a mutual mistake of fact existed between O'Connor and Harger and that O...

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